logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2020.03.25 2019고합124
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

Around 22:20 on November 8, 2019, the Defendant, while driving at BV100 otobane near a bus terminal located at the night of the Siljin-si, 149 at the night, was instructed to put up a vehicle on the side on the side on the ground that it is doubtful of the safety mother and the drinking operation from the border D belonging to the Siljin Police Station C, which was performing the duties of drinking control and patrol at the above location, on the ground that the Defendant’s driving of the vehicle could be prevented, and that the Defendant failed to comply with the above direction and escaped as it is.

The Defendant continued to discover the Defendant’s Otoba in front of the E apartment Fdong, and tried to run without reducing the speed even before 30 meters of the progress direction of Otoba, even though the Defendant, at the front parking lot of the E apartment Fdong, the said D had the Defendant go beyond the floor by shocking the left arms of the said D.

As a result, the Defendant carried a dangerous object and interfered with police officers' legitimate performance of their duties, and thereby, he suffered injury such as salt, tension, etc. from D, a police official for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Written opinion (D);

1. On-site photographs, photographs of victims, CCTV caps, CCTV images CDs;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements from a victim's telephone and confirm the degree of injury);

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. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution ( repeatedly considering the favorable circumstances among the reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines (the determination of types) shall be limited to the injury or injury resulting from the obstruction of public duties by special obstruction of public duties (the first type), the injury or injury resulting from the obstruction of public duties (the person specially punished).

arrow