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(영문) 창원지방법원 2016.06.01 2016고단756

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. Around 20:40 on March 17, 2016, the Defendant obstructed the victim’s door-line business by force over about 40 minutes, including, but not limited to, the victim’s door-to-door, which was operated by the victim G in the Gu F, in a large voice, “I am-to-day, I am-to-day, I am-to-day, I am- hand, I am-to-knows, I am-to-knows, and was off, and am-to-faces.”

2. The Defendant interfered with the performance of special official duties on March 21, 2016, at the Defendant’s house located in Changwon-si, Changwon-si, Changwon-si on March 21, 2016, and the Defendant cited the knife.

죽어 버린다” 는 내용으로 112 신고를 하여 출동한 진해 경찰서 I 파출소 소속 경위 J 등이 신고사실을 확인하기 위하여 찾아가자, 위험한 물건인 식칼( 총길이 32cm, 칼날 길이 20cm) 을 휘두르며 J에게 “ 들어와 라, 확 칼로 직이 삔다( 죽여 버린다), 내가 죽어 삐 까( 죽어 버릴까), 계급장 떼고 한번 붙자” 고 소리치고 ,J 가 수차례 칼을 내려놓으라고 경고함에도 계속하여 칼로 위협하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police made to G and J;

1. Application of the Acts and subordinate statutes on seizure records, kniff photographs and field photographs;

1. Articles 314(1), 144(1), and 136(1) (a) (a point of obstructing the performance of special official duties) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48(1) of the Confiscation Criminal Act argues to the effect that the Defendant committed the instant crime under the mental and physical influence of alcohol. Thus, according to health class and evidence, the Defendant appears to have been under the influence of alcohol at the time of the commission of the crime. However, the background and method of the crime, the means and method of the crime, and the Defendant’s act before and after the commission of the crime.