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(영문) 수원지방법원 안산지원 2014.07.04 2014고합125
특수공무집행방해치상등
Text

1. The defendant shall be punished by imprisonment for two years;

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

3.

Reasons

Punishment of the crime

1. At around 12:30 on February 24, 2014, the Defendant opened a door to the “E” of the victim D’s operation located in Ansan-si Member C without the victim’s consent.

Accordingly, the defendant invadeds on the building managed by the victim.

2. At around 12:40 on the same day, the Defendant demanded from G (the police officer of the Ansan Police Station, the F Police Station, the Police Station of the Ansan Police Station, who was dispatched after receiving a D’s report at the same place, to leave the place, and collected the blades ( approximately 11cm in length) which are dangerous objects in the front state, and displayed the victim on the right side for about two weeks to receive treatment.

Accordingly, the defendant carried dangerous objects and assaulted the police officer to perform his duties, thereby causing injury.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement concerning D and G;

3. A medical certificate;

4. Application of each statute of photography;

1. Article applicable to criminal facts;

(a) Entry into a structure: Article 319 (1) of the Criminal Act;

(b) Injury resulting from special obstruction of performance of official duties: the proviso of Article 144(2) and Articles 144(1) and 136(1) of the Criminal Act

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes to the extent that the punishment is added up the maximum term of the punishment for causing bodily injury to special obstruction of performance of official duties, which

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order.

1. The scope of applicable sentences: Imprisonment for a period of one year and six months from June to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Determination of the type of bodily injury resulting from the obstruction of performance of official duties: Crimes resulting from the obstruction of official duties - Special Crimes resulting from the Obstruction of Official Duties - Type 1 (Bodily Injury resulting from the Obstruction of Official Duties) (2) Special Punishment: (3) No person shall be punished by imprisonment: two years to four years (basic area);

B. The scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of two years to 16 years is set.

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