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(영문) 인천지방법원 2015.02.27 2015고단229

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2015, at around 11:27, the Defendant reported on 112 the Defendant’s residence, “I do not want to consult 91 years of age, I want to do. I wish to do. I will knife knife knife knife knife knife knife knife knife knife knife knife)” and opened a entrance to grasp the Defendant’s report.

Accordingly, the Defendant, through the main window, expressed to the above police officers “Yin Haba, Nar is a fake police officer. He will throw away.” The Defendant added the window (10cc in length, 15cc in length of trees) which is a lethal weapon that was created by linking excessive to the wooden atmosphere with the above window, and added it to the above window, and added it to E, as the Defendant added it with a dangerous weapon that was in the front line of the said window (30cc in total length) and displayed it to E.

As a result, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in relation to crime prevention and reporting cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes, such as records of seizure and the list of seizure, evidence and photographs of crimes;

1. Article 144 (1) and Article 136 (1) of the Criminal Act, the applicable provision of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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;

1. Probation under Article 62-2 of the Criminal Act;

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

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. According to the favorable circumstances, the fact that the Defendant recognized the instant crime and reflected in the decision of sentence, that there is no criminal record more than a suspended sentence, and that the Defendant deposited for the police officers is performing official duties by using the window and excess created by the Defendant.