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(영문) 창원지방법원 진주지원 2019.10.31 2019고단962
특수공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:20 on May 20, 2019, the Defendant was subject to control on the ground that he operated a CTbluri-ri vehicle in violation of traffic signal according to B of the Jinju Police Station affiliated with the Jinju Police Station, which controlled traffic at the Jinju Police Station located in the Jinju-dong.

Although the Defendant was demanded from the above B to stop the vehicle, the Defendant committed an assault, such as:50 on the same day, by driving the said vehicle, which is a dangerous object, in spite of the Defendant’s demand to stop the vehicle in front of the Defendant’s vehicle, at the patrol gate, by driving the said vehicle at the same time at around 18:50 on the same day.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs, CCTV images, etc.;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence Nos. 2) and each investigation report (Evidence Nos. 4, 6, 11, 15)

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 59-2 of the Criminal Act, subparagraph 1 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody Act;

1. Extent of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the category 1] obstruction of the performance of official duties or coercion of duties [the special person] mitigation element: Aggravation element: where a mental or physical disability (non-liability of the person in question) shows a serious threat of force or carries dangerous articles (the scope of the recommended area and the recommended punishment] increased area; 1 to 4 years of imprisonment;

2. Determination of sentence of this case lacks the ability to discern things or make decisions due to the circumstances and attitudes of the crime in this case, the degree of danger to the public official performing official duties, tidal lighting, and other relevant factors.

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