beta
(영문) 인천지방법원 2015.12.23 2015고단6266

특수공무집행방해

Text

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

On October 6, 2015, around 18:50 on October 6, 2015, the Defendant asserted D with drinking alcohol within the Defendant’s residence located in Nam-gu Incheon Metropolitan City C, 102, and around that time, D reported 112 that “Seoul is assaulting.”

On October 6, 2015, at around 19:25, the Defendant: (a) expressed the victim E (age 31) (a police officer who was dispatched after being reported to the above 112 on October 6, 2015, that “I wished to shoulder and grow up on the day of Ga, Neas, and Neas shall legally open,” and (b) expressed a knife (blade length 22 cm) that is a dangerous object in the kitchen after pushing the chest and trees of E, and then put the victim F (age 30) who is a police officer dispatched to E and together with E, and sent by the victims, sent back to the face of police officers at the same time.

Accordingly, the defendant carried dangerous objects and interfered with police officers' legitimate performance of official duties concerning 112 reporting processing work.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the crimes under pertinent Articles of the Criminal Act;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Code [Scope of Recommendation] There is no person who has a basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties [Judgment of sentence] [Judgment of sentence] and there is no criminal record exceeding the fine. The fact that one recognizes his mistake and reflects his mistake, and the fact that he committed the crime of this case by drinking, etc. are favorable circumstances, and the fact that the nature of the crime is not good in light of the method of the crime, such as marking the knife to the dispatched police officers, etc., shall be considered as unfavorable circumstances, and the defendant's age, character and behavior shall be taken into account.