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(영문) 수원지방법원 2014.07.07 2013고단4630
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 4630] On August 8, 2013, at D parking lots located in Suwon-gu, Suwon-si, Suwon-si, 2013. On the ground that F, a police officer belonging to the Suwon-nam Police Station Estation, dispatched after receiving a report of domestic violence, took measures to enable F to leave the site, the Defendant d's wife, who was a police officer belonging to the Suwon-nam Police Station Estation, was sounded to F while making a port at the same time and concealed after the above parking lot column, and f was flicked by gathering the excessive amount of 20 cm in length after the above parking lot column.

In this way, the defendant carried dangerous objects and interfered with police officers' legitimate execution of their duties.

[2014 Highest 1668] On August 13, 2013, the Defendant told the victim H that he would use a knife (knife 21.5cm in knife) on the front of Suwon-si G loan on the road in Suwon-si, Suwon-si, Suwon-si, and that the victim H would use a knife (knife 21.5cm in knife).

In this way, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

[2013 Highest 4630]

1. Defendant's legal statement;

1. Each police statement made to H and F [2014 high-ranking 1668];

1. Defendant's legal statement;

1. The police statement of H;

1. The police seizure record and the list of seizure;

1. Photographs of seized articles;

1. The Defendant alleged to the effect that the Defendant was in a mental and physical state under the influence of alcohol at the time of each of the instant crimes. However, in light of the developments leading up to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, etc., the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of each of the instant crimes.

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

1. Relevant Articles 144(1) and 136(1) of the Criminal Act concerning criminal facts and the obstruction of performance of official duties by carrying dangerous articles: Articles 3(1) and 2 of the Punishment of Violences, etc. Act;

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