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(영문) 부산지방법원 동부지원 2021.02.02 2020고합201
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 29, 2020, the Defendant stopped in order to undergo an inspection on the violation of signals by cross-section D by the border of the Maritime Police Station C belonging to the Maritime Police Station, while driving the 124CC at the intersection in front of the Maritime Transportation Daegu, Busan, at around 18:25 on October 29, 2020, at the intersection of the Maritime Police Station, the Defendant stopped in order to undergo an inspection on the violation of signals by cross-section by the border of the Maritime Police Station C, and the Defendant ordered the above D to take off and move the Austria to the left-hand side of the Austria to move the Austria to the road. As the above D voluntarily starts from the point of view, the above Austria lost the center, being towed by approximately 3,000,000 square meters from the Road.

Accordingly, the Defendant, carrying a dangerous object, interfered with the legitimate performance of duties by police officers on the control of vehicles in violation of traffic laws and regulations, and thereby, the Defendant suffered injury to police officers, such as a drilling and dump dump for about two weeks of medical treatment.

Summary of Evidence

1. Statement made by the police concerning the suspect suspect D to the defendant who has made a statement in the court of the defendant;

1. Application of each of the Acts and subordinate statutes to one copy of a traffic accident report, a written diagnosis, a copy of a diagnosis, a CCTV image CD, a video confirmation on the scene of the crime, and a capson;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the crimes that interfere with the performance of public duties] [the crimes that interfere with the performance of public duties] that there is no injury or injury [the scope of the recommended punishment] caused by the obstruction of special public duties [the scope of the punishment] [the scope of the recommended punishment], the basic area of the punishment, two to four years of imprisonment [the person who is subject to general sentencing]

3. Determination of sentence: Imprisonment with prison labor for one and half years and suspension of execution; and

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