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(영문) 부산지방법원 2017.02.08 2016고합943
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

1. On October 3, 2016, at around 03:15, the Defendant: (a) committed assault on the part of a civil petitioner, who was at the Busan Gangseo-gu Police Station D police station located in Busan Gangseo-gu, Busan, on the grounds that the victim E (50 years old) who was assigned the police box and consulted with the victim E (50 years old) who was at the time of the police box, he was frighted to the victim.

As a result, the defendant carried dangerous articles and interfered with the victim's legitimate execution of duties concerning the treatment of civil petitions and reports, and thereby the victim suffered a loss on the left-hand hand and loss in need of approximately two weeks of treatment.

2. The Defendant damaged the public goods at the time, place, as described in paragraph 1, and after gathering the chair as above, carried the chair for other civil petitioners who continued in front of the consignee at the place, and had them take charge of the goods equivalent to the total market value of KRW 445,600, such as the above chair and the weather and document box used by the police box.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. A medical certificate of injury (Evidence No. 7), and a quotation (Evidence No. 14);

1. Application of Acts and subordinate statutes to photographs by cutting down each on-site photographs and CCTV images related to crimes committed by the suspect;

1. Relevant provisions of the Criminal Act, Articles 144(2) and (1) of the Criminal Act, Articles 144(2) and (1), 136(1) (a) of the Criminal Act, and Article 141(1) of the Criminal Act (a) of the Criminal Act, concerning facts constituting an offense;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of each crime above the punishment determined for causing a disturbance in the performance of special duties as stated above with heavier punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Sentencing Article 62(1) of the Criminal Act (The following sentencing grounds have been repeated in favor of one another).

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