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(영문) 대구지방법원 2018.06.22 2018고단1749

특수공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 12, 2018, the Defendant 15:34 on April 12, 2018, in his house located in Daegu Dong-gu B, Daegu-gu, with knife and pedal.

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"Fresh a knife (22 cm in total length, 12 cm in length) which is an object of high sound and dangerous to D, and this knife the knife into an open knife with the body of the body of the person who closes the door, and the knife the knife towards the face of D.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes of Part II of the report of internal investigation (Attachment to blades used by the police officer on the spot) and the blades, photographs, investigation reports (Attachment to the table for handling cases reported, 112), and the handling of reported cases by the police officer on the spot;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant’s attitude of the instant crime is highly dangerous.

The defendant's actual damage caused by the crime of this case is almost little, there is no criminal record against the defendant, and there is no criminal record against the defendant.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.