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(영문) 창원지방법원 2016.02.04 2015고합168
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized concrete 3 sculptures (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On July 4, 2015, the Defendant: (a) around 18:10, the first floor of the office building of the National Police Agency of 289, the Gyeongwon-si, Changwon-si, Seoul National Police Agency at 289, where his former office is a person related to mitigation E and impmonic, working in the National Police Agency of Gyeongnam-nam Local Police Agency; and (b) requested F and Gyeong-do to open the entrance to G, but refused to request the opening of the entrance; (c) the Defendant was sent to the said F and the said G with concrete ice, which is a dangerous object, and (d) the Defendant was sent to the said F and the said G, and “E, E, by opening the entrance, is necessarily dead.”

In the face of the door, the door is dead.

Acceptance of a report shall be caused by death.

(d) Opening the door of the Party; and

“In doing so, as it threatens the above F and the above G, and as it threatens the slope H, which was adjacent to the concrete mound, citing mound, which was used as both hands, and then, the above H was assaulted by using the above concrete mound, which was inside the floor immediately adjacent to the above H’s right edge, and was in line with the above concrete mound on the bottom of the sublime at the right edge of the H.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers on the suppression of crimes and other public peace and order maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness H, I, F, and G;

1. Photographs of seized articles, investigation report (in cases of attaching photographs of victims), investigation report (in cases of attaching photographs of victims, investigation report on attachment), investigation report (in cases of attaching photographs of CCTV images of Gyeongnam Regional Police Agency, Gyeongnam Regional Police Agency, and CCTV images);

1. Images of CCTV CDs;

1. Application of existing Acts and subordinate statutes of 3 sculptures (No. 1) seized concrete stones;

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing guidelines [the types of decisions] The group of crimes obstructing the performance of official duties, interference with the performance of official duties, and Type 1 (Interference with and Compelling on the performance of official duties) [Special Sentencing factors] mitigated factors: the number of penalties is not imposed, and aggravated factors: Organizations.

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