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(영문) 창원지방법원 마산지원 2016.01.13 2015고단1003
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On November 26, 2015, the Defendant who interfered with the performance of special official duties is willing to die in his/her residence at Changwon-si C and 102 Changwon-si, Changwon-si, Seoul, and “I want to drink, but I want to die.”

Dispatching police officers;

달라.” 라는 피고인의 112 신고를 받고 현장에 출동한 마산 동부 경찰서 D 파출소 소속 경위 E으로부터 신고 경위에 대해 문의 받자, 별다른 이유 없이 험한 욕설을 하며 E의 멱살을 잡아당기고 부엌에 있던 위험한 물건인 식칼( 총 길이 32cm , 칼날 길이 20cm ) 을 들고 나와 “ 야 씹할 놈아! 찔러 삔다!

“A police official with dangerous objects, such as intending to capture E’s chest part of his chest, who committed assault and interfere with the legitimate execution of duties by police officials with respect to the prevention, suppression and investigation of crimes.

2. On November 26, 2015, the Defendant: (a) was arrested as a flagrant offender with the suspicion of interference with the performance of special official duties set forth in paragraph (1) around the above residence; (b) was arrested on the charge of interfering with the performance of official duties set forth in paragraph (1); and (c) was cut off.

In addition, the police officer of the Msan East Police Station D police box who was at the scene and heard the words "I would like to go to the hospital of the 119 first-lane hospital" from F to the effect that "I will go to the hospital of the 119 first-lane hospital", without any particular reason, and assaulted the F with her hand, and interfered with the police officer's legitimate execution of duties concerning the prevention, suppression and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to E/F prepared by the police;

1. Records of seizure and list of seizure prepared by the police;

1. Application of statutes on the photograph of the case

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of special official duties), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act of confiscation No. 1.

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