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(영문) 광주지방법원 해남지원 2016.07.13 2016고합22
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 3, 2015, the Defendant, as the owner of the freight truck, received a copy of August 3, 2015, stating that the unpaid fine for negligence due to the violation of speed and signal instructions may be kept in custody exceeding 300,000 won.

On May 15, 2016, the Defendant parked a cargo vehicle in front of and in front of the Southern East-dong elementary school located in 1:26, Sungnam-dong, Namnam-dong, Namnam-dong, 1:0 on May 15, 2016, but tried to keep the victim H (21 years old) and the victim H (21 years old) belonging to the Nam-dong Police Station G of the National Police Agency G of the South Regional Police Agency G in order to keep the registration number plate of the cargo, and the victims “it is essential to be present to be present, Chewing,” and proceed with the movement of the cargo vehicle in the future, and even if the victims demanded to stop the progress of the cargo vehicle in front of the cargo vehicle, the Defendant continued to receive the victim’s chest and the cargo from the victim, “I will sing, singing, singing, drinking, and drinking, drinking,” and continued to receive the victim’s breast and the cargo from the victim.

As a result, the Defendant carried dangerous articles and interfered with police officers' legitimate performance of duties in relation to the keeping of car registration number plates in custody, and suffered injury to the victim F, such as salt and tension, which requires two weeks of medical treatment, and injury to the victim H, such as dump of handbage, which requires two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. Each medical certificate for H and F prepared I by a doctor;

1. Application of Acts and subordinate statutes to each investigation report (such as attaching a detailed statement of fines for negligence on unpaid vehicles);

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 consideration of favorable circumstances among the reasons for sentencing);

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall be imposed on the grounds of sentencing.

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