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(영문) 수원지방법원 안산지원 2017.01.24 2016고단4269
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On October 23, 2016, at around 16:10, the Defendant: (a) at the residence of the Defendant, 106.105, Dong Dong-gu, Ansan-si, Sinsan-si, 106.105, the Defendant was reported by the Defendant’s wife C to the Defendant that the Defendant was unable to wear a drunk, and the Defendant was to confirm the details of the report, and (b) the police officer, who was at the location of the kitchen, was at the location of the kitchen, and was at the location of the kitchen, and was at the location of the kitchen, which was dangerous articles on the kitchen, such as the kitchen knife (26 cm on the knife, 13 cm on the knife). On the knife the knife and the knife on the knife of the said police officer.

"A police officer's legitimate execution of duties concerning the prevention of crimes, such as acting as a member of his/her ship, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and C;

1. Protocol and list of seizure;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to report on investigation (Hearing statements by damaged police officers);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 recommendation] The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of punishment / [the scope of punishment ] where a group or a group has seen a threat of collective power or carried dangerous things (1) / (1) / The crime of this case is not good in light of the applicable applicable law, and the defendant has a record of being punished for violent crimes on several occasions, etc.

However, after 1984, the defendant has recognized his mistake and reflected his mistake, and after 1984, the defendant is punished for a crime of violence.

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