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(영문) 대전지방법원 천안지원 2015.08.27 2015고단797

특수공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 19:30 on February 20, 2015, the Defendant abused the Defendant’s wife D’s c apartment 105 dong 1413 at the Defendant’s residence, and committed an assault, etc. on the part of the Defendant’s wife D’s c apartment 105 dong 1413 at the Defendant’s residence, upon receiving the report of D’s 112, the Defendant sent the D’s 112, to the police officer affiliated with the ASEAN E District of the Asan Police Station E District, in order to separate the said D from the Defendant, he sent the B’s entrance to the front door, with a kitchen knife (21cm in length), which is a dangerous object in the front door, and opened the front door between the Defendant and the front door.

Accordingly, the defendant carried dangerous objects and interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. A written statement of G and D;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] The grounds for sentencing of obstruction of performance of official duties [Determination of Suspension of Performance of Official Duties] Basic Field [Scope of Recommendation] from June to April / [Scope of Punishment] Applicable Provisions: Articles 144(1) and 136 of the Criminal Code: January to July / July / June / General Reasons for Suspension of Execution] General : Cases involving the defendant's detention entails excessive difficulty for his dependants (decision of sentence] while the defendant's custody entails excessive difficulty for his dependants because the defendant's health status is not good for whom positive social relation is clear. However, the defendant's detention leads to the crime of this case under the influence of alcohol, reflects the fact that it is contrary to the above suspension of execution, and other positive reasons for the suspension of execution.