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(영문) 대전지방법원 서산지원 2015.03.25 2014고단1069
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

except that 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

피고인은 2014. 11. 6. 16:25경 서산시 C에 있는 D슈퍼 앞 횡단보도에서 순찰근무 중이던 서산경찰서 E파출소 소속 경위 F이 탑승한 순찰차 앞을 별다른 이유 없이 가로막아 세운 후 정차한 위 순찰차 조수석 쪽으로 다가가 위 F에게 "씨발 짭새 새끼 죽여버린다, 개새끼들"이라고 욕설을 하면서 미리 소지하고 있던 위험한 물건인 커터칼(총 길이 약 17cm)을 들고 위 F을 향해 휘둘러 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement of the police;

1. The police seizure record and the list of seizure;

1. A copy of the service log of the police box;

1. Application of photographic Acts and subordinate 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 selecting a penalty.

1. The reason for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] Where the defendant shows an aggravated area (one-year or four years of obstruction of performance of official duties) (one-year or four years of special detention), or carries dangerous things (one type) / The decision of sentence] it is very good that the defendant puts the knife knife on police officers who are dangerous things in patrol service, into a police officer who is in patrol service, is very high, but there is no special criminal offense except that the defendant has been imposed a fine of 200,000 won in violation of the Road Traffic Act in 1995, and that the defendant was suffering from editing mental disorder, etc.; the defendant was hospitalized at a hospital on the following day of the occurrence of the instant crime from November 7, 2014 to February 10, 2015; the defendant is subject to mental therapy and mental therapy; the defendant's age records and other conditions of the criminal law; and the defendant is determined by taking account of the age of various character and mental conditions of the defendant.

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