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(영문) 수원지방법원 2015.06.26 2015고합263
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2015, at around 02:05, the Defendant avoided disturbance, such as gathering of the deceased at the front of E convenience stores located in Suwon-si, Suwon-si, Suwon-si, and throwing the deceased at the glass store.

After that, at around 02:09 on the same day, the Defendant saw that he was unable to her from the victim H (the age of 26) who is a police officer belonging to the Suwon Police Station G police station in the Suwon Police Station called out after receiving a 112 report from F of the above convenience store operator, while she was out of her arms in front of the Ethical point, and she saw that she was out of her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her face.

In this way, the defendant interfered with the legitimate execution of duties by police officers concerning the investigation of crimes and the maintenance of order, thereby causing the injury of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. The police seizure record and the list of seizure;

1. Certificates of medical treatment;

1. A photograph of seized articles, a photograph of the injured part of the victim, and a photograph by cutting down the evidential data;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 13);

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of type] shall be the obstruction of the performance of official duties, the death or injury resulting from special obstruction of official duties, and the first category (the injury or injury resulting from special obstruction of official

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