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(영문) 대구지방법원 2018.12.11 2018고단3836

특수공무집행방해

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

On July 8, 2018, the Defendant: (a) around 01:03, at the residence of 101 Dong-gu, Daegu apartment complex C, 501 Dong-gu, Daegu, and (b) on July 8, 2018, “I will assault Amp” means that “I will be responsible for the death and death of E in this context,” to the police officer belonging to the police officer belonging to the police station of the Daegu Dong-dong Police Station D, which was called upon receipt of the Defendant’s 112 report; and (b) to the police officer F, who is a dangerous object (10cm on the blade, 20cm in length, 10cm on the blade, 20cm in length); (c) tried to get off the knife the knife part, and threatened and threatened the knife as the knife.

Accordingly, the defendant carried dangerous objects and obstructed the police officer's legitimate performance of official duties concerning handling reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (excess photographs to commit a crime) (The defendant and defense counsel had a mental and physical weakness at the time of the instant case;

However, in light of the background and means of the instant crime, the attitude and behavior of the Defendant before and after the instant crime, etc., it cannot be seen that the Defendant did not have or lacks the ability to discern things at the time of the crime, and thus, the aforementioned assertion is rejected.

Application of Statutes

1. Articles 144(1) and 136(1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of punishment] where one of the types (one year to four years of interference with the performance of official duties and coercion) (one year to four years), group or multiple forces, or carries dangerous things (one of the types), shall be sentenced to imprisonment for 10 months, the suspension of execution for 2 years, and the defendant's age, occupation, sex, environment, motive, means and consequence of the crime, etc., and the various conditions of sentencing as shown in the argument of this case.