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(영문) 전주지방법원 군산지원 2015.08.13 2015고합55
특수공무집행방해치상
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives C artr.

At around 13:50 on June 1, 2015, the Defendant: (a) loaded steel structures in front of the Sinsan-si, Sinsan-si; (b) caused the Defendant to be subject to the traffic station construction and road management from the victim F (51) who is a public official belonging to the Sinsan-si Construction and Transportation Bureau; (c) caused the Defendant to regulate the violation of the Road Act; (d) “I am out of the Gun, who is off and outside of the yeast, will not control the other area; and (d) I am off the victim’s chest with a hand, pushed the victim’s chest with a face one time on a drinking-time basis; and (e) the pipe gate (200cm in total length, about 6cm in day length) which is a dangerous object on the floor of the bitr driving; and (e) followed the victim’s attitude by assaulting the victim, and followed the victim’s end in excess of one way.

As a result, the Defendant carried dangerous articles and interfered with the legitimate execution of duties concerning the crackdown on vehicles of public officials, and thereby, the Defendant suffered injury to the victim, such as salt, tensions, and elbows, which require approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Certificates of employment, copies of over-vehicle control working points, copies of over-vehicle control points, and photographs;

1. A medical certificate;

1. Application of the video CD-related Acts and subordinate statutes

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

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing guidelines [the type of crime] the obstruction of performance of official duties, the death or injury resulting from the obstruction of special public duties, the first category (the injury or injury resulting from the obstruction of special public duties): the mitigated element of the punishment (the scope of the recommended punishment).

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