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(영문) 대구지방법원 2016.07.22 2016고단2498

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, and 3 shall be confiscated.

Reasons

Punishment of the crime

On May 28, 2016, the Defendant, within the Defendant’s house located in Daegu-gu C203 around 16:2 on May 28, 2016, on the ground that he/she was informed of the fact that he/she became a chemical, he/she would drink alcohol on his/her cell phone and call 112 on his/her cell phone to “I would like to be a woman, male, and knife who is the same as that of the accident.”

There are only mixeds in the house, which is knife and knife, and knife and knife.

The phrase "" was called.

At around 16:24 of the same day, the Defendant listened to the circumstances surrounding the D District Team of the Daegu Southern Police Station, the background E of the police station located in the Daegu Southern Police Station, and the words that the knife would be caused by the knife from the latitude, knife (20.5cm length: 20.5cm length), knife (21cm length: 21cm length), and knife (15cm length: 15cm length) of the bones of the police station, each of which was dispatched at the above 112 location.

” 라고 말하며, 칼로 위 경찰관들의 목을 향해 찌를 듯이 휘두르고, 머리 위로 치켜들어 던질 듯이 시늉을 하여 협박을 하였다.

Accordingly, the Defendant carried dangerous objects as above and interfered with the police officer’s legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, photographs of No. 1, photographs of No. 2, photographs of No. 3, and statements of cases reported No. 112;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that where the defendant shows either a group or a group's public power or carries dangerous things (one type) in the aggravated area (1 to 4 years) (1 year and 4 years) (a special aggravated person), or carries dangerous things (1 type).

However, the crime of this case is close to police officers dispatched after receiving 112 reports.