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(영문) 대전지방법원 2019.09.20 2019고합224
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 10:30 on July 16, 2019, the Defendant: (a) was driving a D1 ton cargo vehicle at the front of a gas station in Geumsan-gun B; (b) was controlled by the victim F (50 years of age) who is an Inspector belonging to the Geumsan Police Station E in violation of traffic signal; and (c) stopped the cargo vehicle according to the victim’s instructions.

The Defendant requested the victim to produce a driver’s license over several occasions, and asked the victim to the effect that “the Defendant is cut off with a low penalty,” and sent the victim to the effect that the Defendant did not enter this and sent the above cargo, and sent the victim’s body to the end that the Defendant would stop the above cargo vehicle’s driver’s seat.”

D. The victim proceeded in the direction of the vessel with the cargo vehicle, which is a dangerous object, and the victim took the right edge of the victim with the right edge of the above cargo vehicle.

As a result, the defendant carried dangerous objects and interfered with the legitimate performance of public duties by police officers on traffic control, and caused the victim to suffer from the right side of the facility that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report ( telephone conversations with police officers of a victim);

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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. 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 punishment by law: Imprisonment for one year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing criteria [the range of punishment [the range of recommended areas and the range of recommended punishment] reduced range of punishment [the range of punishment] reduced range of punishment [the range of punishment] reduced range of punishment for obstruction of the performance of official duties [the first category] caused by special obstruction of the performance of official duties [the special person] reduced range of punishment (including the serious effort for recovery of damage], one year and six months to three years.

3. Sentence;

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