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(영문) 서울서부지방법원 2015.03.25 2015고단270
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On March 13, 2014, at around 00:47, the Defendant reported to commit suicide at the Defendant’s house located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government 112, and obstructed the Defendant’s legitimate execution of duties regarding the handling of the 112 reported case by a police official of Mapo-gu Police Station D District Unit E, Seoul Mapo-gu, which was called as a person drinking alcohol, with a dangerous article at the Defendant’s house, (No. 1, total length of 29cm, and 16cm in length of the day) and E, and interfered with E, five times as the Defendant reported to commit suicide at the Defendant’s house located in Mapo-gu Seoul Metropolitan Government 1st century.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. As to the Defendant’s assertion on the seizure record and the seizure list, the Defendant alleged that he was in a state of mental disorder or mental disorder under the influence of alcohol at the time of committing the instant crime, according to each of the above evidence, the Defendant was aware that he had drinking alcohol at the time of committing the instant crime, but did not have the ability to discern things or make decisions.

Therefore, the defendant's above assertion is not accepted, since it cannot be seen as having reached a state or weak condition.

Application of Statutes

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

1. The crime of this case committed by the defendant for the reason of sentencing under Article 48 (1) 1 of the Criminal Act is very bad for the crime of this case to display a knife against police officers performing their duties.

In addition, since the defendant committed the crime of this case even though he was sentenced to a suspended sentence for the same crime and was sentenced to imprisonment for the same crime, he/she shall be sentenced to imprisonment for the crime of this case, and the scope of recommended punishment according to the sentencing guidelines (the scope of recommended punishment for the obstruction of performance of official duties (6 to 14 months) and the age, character and conduct, environment, circumstances after the crime, etc. shall be considered.

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