특수공무집행방해
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.
Punishment of the crime
On July 9, 2015, at around 03:00, the Defendant: (a) reported that he did not pay the drinking value at “Cju” located in Gwangju Northern-gu B and 1st floor; and (b) took a bath to the Defendant’s speech that he would pay the drinking value and return home from E in the circumstances belonging to the D District Unit of the Gwangju Northern Police Station D District, which was called to the Defendant; (c) took a metal chair ( approximately 1m 20cm in length), which is a dangerous object, by taking up the metal chair at a two hand, with a height of knife, and knife the said F with his left hand; and (d) assaulted the said F’s knife with his hand.
Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers on the prevention and control of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the prosecutor and the police accused;
1. Each statement made by the police with respect to F, E, and G;
1. G statements;
1. Application of the Acts and subordinate statutes to a report on investigation into the situation, a photograph of criminal tools, or a photograph of dangerous articles (Evidence List Nos. 3, 4, 12) at the time of mobilization
1. Relevant Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] is a majority of crimes with no basic area (6-1-1-4 months) (6-1-6 months) of the obstruction of performance of official duties, and the scope of final sentence due to the aggravation of multiple crimes: 6-2 years (decision of sentence) or more. It is so decided as per Disposition.