Text
A defendant shall be punished by imprisonment for six months.
A saw for timber seized (No. 1) shall be confiscated.
Reasons
Punishment of the crime
On November 22, 2001, the Defendant was sentenced to 12 years of imprisonment for murder at the Gwangju High Court, and completed the execution of the sentence on July 5, 2013.
피고인은 2015. 9. 14. 21:00경 술에 취하여 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에서, 익산시 중앙로3길 11 신한은행 익산중앙지점 앞 노상에서 112신고 사건을 처리 중인 익산경찰서 C지구대 소속 경위 D에게 "야 이 씨발놈아 뭘 봐, 확 쑤셔 죽여 버릴라니까"라고 욕을 하고 오른손에 들고 있던 신문지로 감싼 톱(전체길이 66cm, 톱날길이 33cm)을 D의 배에 들이대고, 왼손으로 D의 멱살을 잡아 흔들었다.
Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning 112 reporting processing affairs.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Police seizure records;
1. E statements;
1. Each photograph;
1. Previouss before judgment: Application of criminal records, inquiry reports, investigation reports (reports prior to and after the disposition), and Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. The sentencing guidelines set by the Sentencing Committee of the Supreme Court in consideration of the favorable circumstances in which the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is the crime during the period of repeated crime, and the degree of assault is minor, and the degree of assault is divided, and the degree of mistake seems to be contradictory, shall be determined as per the order within the scope of the sentencing guidelines set by the Sentencing Committee of the Supreme Court [where the degree of assault is minor (where the degree of assault is minor, where the degree of assault is minor: mental and physical disability/hazardous objects: one month to eight months].