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(영문) 대전지방법원 서산지원 2020.04.08 2019고합82
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

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

On June 11, 2019, at 15:45, the Defendant was exposed to the victim D, who is a police officer of the Jeonbuk Local Police Station C, and presented a driver's license from the vehicle while driving a B B B B B B B B B B B B B B on the Dondong-ro, Seodong-gu, Songjin-gu, Seocheon-do, 245.

In that time, the Defendant was notified of the Defendant’s liability to pay a fine from the victim who confirmed the Defendant’s failure to pay a fine. The Defendant got the victim to scare and knee and knife the cargo vehicle, and closed the vehicle by getting the victim to board the cargo vehicle. In spite of the victim’s demand for the cargo vehicle in front of the Defendant, the Defendant neglected this demand, neglected the victim’s demand, and got the victim go beyond the ground floor.

As a result, the Defendant interfered with legitimate execution of duties concerning traffic control of the victim, who is a police officer, and the arrest of a person who is a fine, using cargo vehicles, which are dangerous objects, and thereby, suffered injury such as distribution and account for about two weeks of medical treatment.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. A medical certificate;

1. Photographss, blackbox photographs, boombox photographs, patrol cars CDs;

1. Audit and inspection, work site, identification card, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (to hear a victim's D phone statement from police officers);

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

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. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Act on the Suspension of Execution (the following grounds for sentencing)

1. Summary of the assertion

A. The Defendant does not know that the Defendant was in front of the cargo vehicle, and does so.

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