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(영문) 대전지방법원 2020.05.14 2018고단2135

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On May 2, 2018, the Defendant: (a) received a report that “the hand was teared in front of Daejeon-gu B(Cirstel)” on May 12, 2018, and was asked by the 119 first responder D of the 119 first responder, who was asked about “where the hand was in excess of what is the cause of the wound” during the process of being subject to emergency measures by the 119 first responder D, and sent the transition (23 cm in total length, 12 cm in length in the blade) being kept in the ship’s own cirst.

In this respect, the defendant, carrying dangerous objects and assaulted 119 first responders who are public officials, thereby hindering the legitimate execution of duties concerning emergency measures and transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements, criminal tools, photographs, investigation reports (to hear statements of victims and first responders);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years and six months;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duty (special sponsers): Where the degree of violence, intimidation, and deceptive scheme is minor, the factors of aggravation: In cases where the degree of violence, intimidation, and deceptive scheme is minor, the basic area of the recommendation sentence [the scope of the recommended area and the recommended sentence], the basic area of the punishment from June to June.

3. Circumstances unfavorable to the defendant: The defendant has committed a knife to a first responder who attempted to commit himself/herself.

The circumstance favorable to the defendant is that the knife is not very dangerous that the knife is bad.

An emergency medical service worker stops to display the defendant with a dial and knife his knife.

A defendant has a intellectual disability.

After the prosecution of this case, the prosecution of this case was absent, and was detained, and returned to the court for about two months.

The crime of this case is recognized and reflected.

(b) other.