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(영문) 울산지방법원 2015.04.08 2015고단166

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

At around 06:50 on January 11, 2015, the Defendant: (a) was under the influence of alcohol on D’s apartment site located in Gyeyang-si, Yangsan-si, and was under the demand of D to incur clothes; (b) during that process, D’s children who followed D’s fighting fighting, such as bringing the knife in the knife and booming the knife, were reported to 112, and sent to the scene F and sloping G on the same day by reporting to 07:14 on the same day.

The Defendant interfered with the legitimate execution of duties by police officers with regard to police officers’ matters to be reported, such as threatening F and slope G to see the truth-free cleaning machine, which had been located in the entrance of the entrance of the entrance, and continuing to see two knife (knife length: 20cm) which is a dangerous object in the kitchen singcam, and threatening F and G with the foregoing knife, and threatening F and G, “F and fnife will die.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, D, and H;

1. Application of seizure records and photographs statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor as a matter of choice (referring to the details of a crime threatening a police officer with a deadly weapon);

1. Suspension of execution under Article 62 (1) of the Criminal Act (the circumstances of crimes, confessions and reflects, the fact that there is no record of crimes except for fines twice due to the violation of the Road Traffic Act, and other factors such as character and conduct of defendants);

1. Probation and community service order under Article 62-2 of the Criminal Act;