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(영문) 대전지방법원 서산지원 2018.02.21 2017고단988

특수공무집행방해등

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

1. On October 6, 2017, around 12:21, the Defendant of special intimidation, proposed that the Defendant filed a marriage report to C (the 68-year-old) who is a female living together of the Defendant at the Defendant’s home located in Seosan City, Seosan-si, and refused to do so. As such, the Defendant would be free of dint of the excessive nature, which is a dangerous thing in the main room, and whether the Defendant would not interfere with the report of marriage.

He said that the death such as p.m. is no matter whatever.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. On October 6, 2017, at around 13:15, the Defendant obstructed the performance of special official duties, in front of the Defendant’s house as set forth in paragraph (1) of the same Article, the Defendant was subject to the control of the instant police box affiliated with the slope of the Chungcheongnam-west Police Station D police box called out after receiving a 112 report to the effect that the Defendant emblings and embling the Defendant.

Accordingly, the defendant, as a result of the Domination of Domination, Domination of Domination of Domination of Domination of Domination of Domination of Domination of Domination of Domination of Domination of 262 m in length, as the above Domination of Domination of Domination of Domination

The death and death of the low year shall be discarded.

In addition, the four families said that all of them will die.

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of duties concerning the protection of police officers' lives and property, prevention of crimes, suppression of crimes and investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to the field and criminal activity photographs, copies of work logs, list of reported cases, and records of video recording at the site;

1. Relevant legal provisions of the Criminal Act; Articles 144(1), 136(1), 284, and 283(1) of the Criminal Act concerning the selection of criminal facts; Articles 283(1) and 283 of the Criminal Act; the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. As to the Defendant’s assertion under Article 48(1)1 of the Criminal Act, the Defendant is under the influence of alcohol at the time of the instant crime.