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(영문) 수원지방법원 안산지원 2013.11.08 2013고합173
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:50 on June 16, 2013, the Defendant: (a) determined that three police officers, such as police officers, and three fire officers, such as police officers, belonging to the Gyeonggi City Police Station E (33 years old), etc. belonging to the Bank 119 Safety Center, are urgent circumstances; (b) the Defendant forced to open the entrance and enter the entrance; (c) the kitchen, which is a dangerous object in the kitchen, carried out from the door, and (d) while having the above G and the franc in the house of the Defendant’s house, the Defendant reported that his mother would assault D; and (d) completed the above part of the kitchen for about 14 days by having G sell the left part of the kitchen, thereby having G complete the left part of the kitchen for about 14 days.

Accordingly, the defendant carried dangerous articles and caused the injury by assaulting the above G, who is a public official in charge of legitimate rescue duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H, F, and I;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Each police statement made to D, G, H, and F;

1. Written statements of D;

1. Seizure records;

1. Application of Acts and subordinate statutes to a copy of the place of rescue activities, a medical certificate, a deadly weapon photograph, and an investigation report (victim D);

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. Summary of the assertion

A. At the time of committing the instant crime, the Defendant thought that there was a person with a church outside the language, and did not know that there was a public official, such as a fire fighter, etc.

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