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(영문) 수원지방법원 안양지원 2019.08.22 2019고단1146

특수공무집행방해

Text

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.

Reasons

Punishment of the crime

At around 11:40 on April 30, 2019, the Defendant used a kitchen knife (total length, 33 cm, 20 cm) and knife the kitchen knife (total length, 20 cm) which is a dangerous object by hand from E (Nam, 35 years old) belonging to the police station D Zone D during the safe-time period of being called after having received 112 a report, and used a kitchen knife to E (total length, 33 cm, 20 cm) and used a kitchen knife (total length, 20 cm) which was sent together by the Defendant at one time, despite the fact that the Flife knife knife knife knife knife knife knife knife knife, which was called together by the Defendant.

Accordingly, the defendant, using dangerous objects, interfered with the legitimate performance of official duties concerning the control of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. On-site photographs (the defendant and his defense counsel asserted that the defendant was in a state of mental and physical disability due to mental disorder at the time of the crime of this case. The defendant is recognized as having undergone the above diagnosis, but in light of the method and method of the crime of this case, the contents and attitude of the statement in this court, etc., it does not seem that the defendant did not have the ability to discern things or make decisions due to such increase of evidence as above). The application of statutes

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties (the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months;

2. A normal condition unfavorable to a sentence: the Defendant is in danger of threatening a police officer, citing a knife.