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(영문) 대구지방법원 2018.12.20 2018고단4140
특수공무집행방해
Text

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

The excessive one (No. 1) seized and one small solar gap (No. 2) shall be respectively.

Reasons

Punishment of the crime

On August 15, 2018, the Defendant: (a) in front of the Dong-gu Jung-gu, Daegu-gu Public Security Center, 180, in front of the Dong-gu, Daegu-gu, and received a report of the state disturbance during the patrol, and was dispatched to the site, and (b) was solicited by C to return home from the police officer B of the Jung-gu, Daegu-gu, Police Station B of the Police Station B of the Daegu-gu, Seoul-gu, to return home from C; and (c) in excess (12cc in length of the knife) a dangerous object used in the Dog-gu.

C을 향해 마치 찌를 듯이 위협하고, 소형 태극기 봉을 손에 쥔 상태에서 C을 향해 때릴 듯이 휘두르고, 손으로 C의 가슴을 밀쳤다.

Accordingly, the defendant carried dangerous things and interfered with police officers' legitimate execution of duties concerning patrol and handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on investigation (Attachment, such as photograph of belongings possessed by the person suspected of being accused);

1. Report of investigation (the form of a person suspected of being taken on the spot);

1. An investigation report (Attachment to the video data and photograph of the closure);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

1. The criteria for sentencing on the grounds of sentencing for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] [the scope of recommending punishment] The scope of interfering with the performance of official duties (one year to four years)] of the aggravation area (one year to four years) [the special aggravated person] of group and multiple power, or carrying dangerous things (one type] of the sentence, the sentence shall be determined by comprehensively taking into account the circumstances under which the defendant’s age, occupation, sex, family relation, circumstances before and after the commission of the crime, etc., and other conditions of sentencing as shown in the record.

- As the obstruction of performance of official duties needs to be strictly punished for offenses that disrupt the legitimate exercise of public authority and undermine the function of the State, recognition and reflection of the crimes of this case during the suspension period due to the violation of the Railroad Safety Act - as much as there is a possibility of criticism against the crimes of this case

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