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(영문) 창원지방법원 마산지원 2015.04.28 2015고단227

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 22:40 on March 15, 2015, the Defendant: (a) entered the Defendant’s house located in Changwon-si, Masan-si, Masan-si C apartment 102, 1002, and 112 reported by the Defendant’s wife on domestic violence; (b) in order to grasp the circumstances of the report by the police officer, the Defendant entered the Defendant’s house; (c) took a knife (the length of the 32cc, the knife length of the knife and the 20cc in the knife) which are dangerous things in the kitchen; and (d) went out of the ward and entered the ward with the above knife of the knife of the knife of the knife, knife, knife, knifs who desire to be “Wing off the knife.”

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning 112 reported processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 62 (1) of the Criminal Act;

1. Consideration that the reason for sentencing under Article 48(1)1 of the Criminal Act is divided, that there is no record of the obstruction of performance of official duties, and that there is no record of the defendant's health condition, etc.