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(영문) 부산지방법원 동부지원 2016.04.01 2016고합4
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant driven C 125cc c. C around 18:25 on October 18, 2015, and directed the front side of the KG 1 Public Security Center located in the south-dong of Busan to LG Meart apartment from the direction of the Busan Samsung Samsung market, which was under the control of traffic laws and regulations, the Defendant was demanded to set off albane from E, the police officer belonging to the Busan Southern Police Station D District of the Busan Southern Police Station, which was under the control of traffic laws and regulations.

The Defendant committed assault by receiving the left hand part of the above police officer, who had sent a water signal to the front part of the above Otoba while escaping from the above Otoba, because it is difficult for the Defendant to control by wearing a safety cap.

As a result, the Defendant interfered with legitimate performance of duties by the police officer on traffic control with dangerous objects, and thereby suffered injury to the victim E, such as the closure of the left-hand finger in need of approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury to E;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site investigation, CCTV images installed in the Public Security Center under subparagraph 1 of this Act, a statement on the occurrence of traffic accidents, a statement on the occurrence of traffic accidents, a next inquiry, CCTV installed in the Public Security Center under subparagraph 1 of this Article, a report on internal investigation ( CCTV installed in the Public Security Center under subparagraph 1 of this Article), and

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

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. The main sentence of Article 62 (1) of the Criminal Act (the following consideration shall be repeated for the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. One type (the scope of recommended punishment) (the scope of punishment causing a disturbance to special duties) (the scope of punishment causing a disturbance to public duties) of the application of the sentencing criteria (the determination of types) shall interfere with the performance of public duties, and two years to four years (the basic area).

3. Determination of sentence: Imprisonment with prison labor and one year and six months, and three years of a stay of execution; and

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