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(영문) 광주지방법원 장흥지원 2019.08.22 2019고단97
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 a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2019, at around 20:26, the Defendant used the kitchen (35 cm in total length, 22 cm in length), which is a dangerous object according to the Jinjin-gun C district in Gangnam-gun, Jinjin-gun, Jinjin-gun on his hand, and found the kitchen (22 cm in length) and went out of the school for about five minutes, namely, “I am away from our house, and I am away from our house,” without any reason.

Since then, the Defendant discarded the knife from the slope D following the Defendant and was asked to be called a defect in conversation, but the Defendant had a knife on one hand and set up against the Defendant “as soon as criminal knife and the knife” and the slope D.

On the other hand, the Defendant continued to put the knife from E in the situation of the Gangnam Police Station C District of the Gangnam Police Station to arrive at the site in receipt of the request from a slope D, and the Defendant called the "Woo," the knife knife knife knife knife, and knife knife knife E.

As a result, the defendant interfered with the police officer's legitimate execution of duties concerning the prevention of danger inside and outside a police station zone.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of the Acts and subordinate statutes on reports on occurrence (special intimidation) and investigation reporting;

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;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties [No. 1] / coercion of official duties [Special Aggravation of Punishment]: The factors of the aggravation of punishment: The recommended sentence in cases of showing the threat of organization and diversity or carrying dangerous objects.

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