폭력행위등처벌에관한법률위반(우범자)등
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.
Punishment of the crime
1. On August 1, 2016, the Defendant, at around 21:10, 201, knife knife a knife (the total length, 35cm, 22 cm) that is a lethal weapon, without any reason, for about 20 minutes from the desired park parking area located in the number of Bupyeong-gu, Incheon, Bupyeong-gu 50-ro 49 (Fyeong-dong), the same day from around 21:30, to about 1339 (Fyeong-dong), at the same time.
As a result, the defendant carried a deadly weapon that is likely to be used for violent crimes without any justifiable reason.
2. Around August 1, 2016, the Defendant of special obstruction of performance of official duties: (a) sent out after receiving a notification of 112 that “mastn knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife)”
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant Article of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act, and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Sentencing criteria: It shall refer to the lower limit of crimes for which the sentencing criteria are set according to the standards for handling multiple crimes;
Type 1 of obstruction of performance of official duties (one to four years, carrying dangerous objects)
2. The instant crime is serious in light of the size of the knife and the attitude of intimidation.