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(영문) 수원지방법원 안산지원 2015.07.09 2015고단1477
특수공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

At around 07:32 on June 4, 2015, the Defendant used two knife (2 knife No. 1 (30cm in length, 18cm in length), knife No. 2 (20cm in total length, 33cm in length), and knife No. 2 (20cm in length) as two knife of dangerous articles inside the police officer, such as F, etc., who is a police officer of the E District, dispatched after receipt of domestic violence reports from the Defendant’s house before the Defendant’s house, and received and dispatched domestic violence reports, and committed violence, such as knifeing the F, which is a police officer of the E District, in order to verify the facts.

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the statement statement made by the police in F and G [the knife (Evidence 1 and 2) seized without a warrant at the place of arrest of flagrant offenders, but there are no circumstances in which a warrant of ex post facto seizure was issued on the record, and thus, it shall not be deemed as evidence of guilt and shall not be confiscated];

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Basic area of obstruction of performance of official duties: Imprisonment with prison labor for six months to one year, and one year and four months shall be chosen in consideration of the circumstances that prevent a police officer’s legitimate performance of his/her duties by using dangerous articles, and thus, the sentence of imprisonment shall be applied.

In determining the term of punishment, the term of punishment shall be determined within the scope of recommended punishment, in consideration of all the circumstances, including the fact that the defendant appears to have committed a crime by drinking, the defendant shows an attitude against the crime in this case, and that there is no direct exercise of force, such as physical contact with police officers.

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