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(영문) 인천지방법원 2018.07.30 2018고단4141

특수공무집행방해

Text

A defendant shall be punished by imprisonment for a period of five 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

Around 00:40 on May 15, 2018, the Defendant her wife was drinking at the house of the Defendant located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and brought the wall and door of the ward to drinking the wall and door on the ground that the Defendant her wife was frighting at the house of the Defendant at around 00:40 on May 15, 2018, and brought the Defendant her wife to drinking the wall and door on the wall of the ward on the ground that the Defendant her wife was frighting at the house of Bupyeong-gu, Incheon, and the Defendant her wife was a small room connected to the ward, and the Defendant her wife was frighting

A report was made to the effect that the request was “Daehan.”

Defendant 1: (a) reported that D’s affiliated police officers of the Bupyeong Police Station C District Department of Incheon, called upon the above report, opened and entered a entrance connected to the living room; and (b) displayed a knife (35.5m in length on the knife) which is a dangerous object that was kept in his own room, and (c) discarded the death of the police officer who was in his custody.

"............. D, who was shot of the threat, had opened a entrance again and attempted to enter the entrance, and the knife is sealed in an open cresh and one person, even if inside, is killed.

The phrase “intimidating approximately 15 minutes.”

Accordingly, the defendant interfered with the legitimate performance of public duties concerning the protection of the lives and bodies of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

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

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

1. The sentencing criteria [Scope of Recommendation] The aggravated area (one year to four years) (one year to four years) (a person who has been specially increased] group or large group of persons, or carrying dangerous articles (one type).

2. The attitude of the sentence was dangerous.

However, the defendant's entry into the house is reported by police officers, and the knife the knife.