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(영문) 대구지방법원 포항지원 2016.04.07 2016고단64
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2016, 21:37, the Defendant was forced to return home from G and 50 years from the police officer who was sent to the site after receiving a report by a person who, under the influence of alcohol at “D cafeteria” located in the north-gu, the Defendant: (a) was under the influence of alcohol at the “D cafeteria” located in the north-gu, North Korea; and (b) was urged to return home from G; (c)

Miscellaneous, “The knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).”

Accordingly, the defendant carried dangerous objects and interfered with police officers' legitimate execution of their duties on 112 reported duties and maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Police seizure records and photographs of seized articles;

1. Application of the statutes governing the place of service for the E box;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who has heavier penalty than that of a crime, shall be imposed, and his/her imprisonment shall be selected);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] interference with the performance of official duties, where the degree of violence, intimidation, and deceptive scheme is minor (a person subject to special mitigation) / Where there are many public officials who suffered damage, (a type 1) unfavorable circumstances: He/she holds excessive goods, obstructs the performance of duties by several police officers, and impedes the occurrence of violence-related criminal records; excessive length of circumstances favorable to the occurrence of violence;

(b) a dangerous object, such as seen.

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