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(영문) 대전지방법원 논산지원 2017.11.21 2017고단502
특수공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 29, 2017, the Defendant: (a) was harming the Defendant’s house located in Seosan-si C and the second floor Defendant’s house living room on the following day: (b) on July 29, 2017: (c) “I ambling a knife with a knife” upon receipt of a report from the Defendant’s parent; (d) the police officer affiliated with the Drife D police unit, and (e) recommended the Defendant’s parent to get a knife off from E and knife F.

In addition, the police officer's legitimate execution of duties concerning the handling of the 112 report by threatening the police officer in a way that knife knife knife knife and knife knife the knife, which is a dangerous object to the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes on photograph description;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of a fine, and the choice of a fine for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is not that of the crime of this case.

However, the defendant's mistake against the defendant, the primary offender, the defendant's yet age and is a noncommissioned officer. However, if the defendant is subject to criminal punishment heavier than a suspended sentence due to the crime of this case, he/she has lost his/her desire to be punished more than a suspended sentence, and the defendant is too harsh, and all of the sentencing conditions specified in the arguments of this case, such as character and behavior, environment, circumstances of the crime, and circumstances after the crime, shall be determined as ordered by the order.

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