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(영문) 청주지방법원 2018.08.23 2018고단1078

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2018, in the Defendant’s residence located in Jincheon-gun B, Jincheon-gun, 204 around 20:30 on March 30, 2018, the Defendant’s slope D belonging to the Jincheon-gun, Jincheon-gun, 204, sent to the Defendant’s 112 report that concerns the Defendant’s suicide, and the Defendant’s attempt to commit suicide

B. The term “flag, flag, dead, and killed.” The knives (27 cm in length, 12.5 cm in length) that were located on the main part of the said dwelling were knicked in the knives and knives of the said dwelling, and the attitude was expressed that the knives and knives of the said dwelling could cause harm to the knives.

Accordingly, the defendant, using a knife that is a dangerous object, threatened police officers who perform legitimate duties related to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. 112 A list of reported cases;

1. Application of seizure records and statutes concerning the list of seizure;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The sentencing criteria [Scope of Recommendation] The basic area (referring to six months to one year and six months), which is the basic area (referring to a person who has been specially mitigated) (referring to a person who has been specially mitigated) / The case where a group or a group, or a group, or a group, or a group, or a group, or a group, a dangerous object is carried, within the scope of interfering with the performance of public duties (a type of one);

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The fact that the nature of the crime is inferior, such as knife and intimidation, etc., to the police officers performing official duties due to his uniform, that the act of obstructing the performance of official duties requires strict punishment in order to make public authority of the State and establish the order of the rule of law, that is against the law, that there is an agreement with the victim, that there is only one minor fine, and that the defendant is a criminal defendant.