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(영문) 광주지방법원 해남지원 2019.10.10 2019고단312

특수공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 18:15 on August 12, 2019, the Defendant demanded that the Defendant knife the knife (the knife, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife) be knife knife knif).

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements prepared by H, I, J, K, L and M;

1. Records of seizure and the list of seizure;

1. Place of service;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of the recommended sentence according to the sentencing guidelines [the range of punishment] of the obstruction of performance of official duties [the Category 1]/ the coercion of official duties [the special salvator]: Where carrying dangerous objects (the area of recommendation and the scope of the recommended sentence] increased area, one year to four years by imprisonment.

3. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspended execution, the defendant threatened police officers in the course of performing their duties with the knife of dangerous articles, and the nature of the crime is not good;

The obstruction of performance of official duties is a crime that interferes with legitimate exercise of public authority, and the legal order and state functions.