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(영문) 부산지방법원 2016.10.05 2016고단4624

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

around 00:25 August 15, 2016, the Defendant: (a) reported at the office of the Defendant, the Defendant requested the police officers to open entrances from the Defendant’s leakage or D to the death of a person; (b) on the part of the Defendant, the Defendant opened a door and opened a door, which is an object dangerous to the Defendant’s hand ( approximately 22 cm in total length, about 10 cm in length, about 10 cm in length); and (c) “if the opening of the door is not open to the inside, it shall be the same as that of the Plaintiff’s death; and (d) threatened the police officers of the Busan Sari Police Station E district, with the background leading up to the death of the Defendant’s potential.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Records of seizure and the list of seizure;

1. Application of excessive photographs, and statutes on site photographs;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) that reflects the fact that the crime was committed in depth, the crime of this case appears to have been affected by mental illness, such as depression of the defendant, and the defendant is willing

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

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [Scope of Recommendation] Where the area of aggravation of performance of official duties (one year or four years) (one year or four years) (specially under), the threat of group or multiple power, or carries dangerous things (one type) (one year of sentence), one year of imprisonment, two years of suspended execution, and probation;