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(영문) 광주지방법원 2020.01.31 2019고단4191
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On August 3, 2019, at around 22:50, the Defendant filed a 112 report to the effect that, among the disputes in C Apartment D, the Defendant’s residence in Gwangju Mine-gu, E, his wife, “a vehicle was stolen” in order to find his wife, while driving his own car, and went out of the apartment.

On the front of the above apartment, the Defendant discovered a h 112 patrol vehicle of a slope G operation with a slope G 112 patrol vehicle belonging to the above 112 police box, which was dispatched to the site after receiving the above 112 report, and the Defendant then threatened the above f patrol vehicle by: (a) the Defendant’s hand, which was carrying the kitchen string, with a hand carrying the kitchen knick, with the light of the circumstances where the f patrol box affiliated with the above F patrol box, was on board 2 to 3 occasions; (b) throw away the kitchen knife from the floor of the above f patrol unit; and (c) throw away the kitchen knife with the boom

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I and G;

1. A report on internal investigation (a document attached to the 112 Report Report Report List and the F police box service), a report on internal investigation (a CCTV verification at the scene of a crime), and a report on investigation (a document attached to a place of crime-C apartment CCTV image data);

1. Records of seizure and the list of seizure;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs;

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 chosen;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Criminal Act of confiscation is that the defendant called out after receiving 112 report, and uses the kitchen knife, which is a dangerous object, to the police officer performing his/her legitimate duties, and threatens him/her to do so, and that the defendant has a record of being punished for violent crimes, etc. are disadvantageous to the defendant

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