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(영문) 의정부지방법원 2016.10.18 2016고단3241
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 21:50 on May 6, 2016, the Defendant: (a) reported by the 119 first responder in the G Apartment 204, 1602 Defendant’s residence; and (b) reported the position of the Gamyang Police Station Down, which called the Defendant’s 119 first responder, and reported the EF to the police officer’s intervention in the marital fighting; (c) taken the kitchen house (34cm in total length) which is a dangerous object in the middle of the kitchen, the kitchen house (34 cm in the middle of the kitchen), and made the said E to the said E, without leaving the kitchen knife, even though the Defendant notified several times of the “Sa. L.” in this case, the Defendant threatened the said B, without leaving the kitchen knife.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing seized articles;

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 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 48(1)1 of the Confiscation Criminal Code [Scope of Recommendation] In the case where the area of aggravation of performance of official duties (one-year or four years), [one-year] the area of aggravation of performance of official duties (one-year or four years), the group or multiple power, or carries dangerous things (one-type] [decision of sentence] In the case of the crime in this case, a police officer who conducts public duties with the kitchen knife in the manner of the crime in this case has interfered with the establishment of legal order and order, thereby impairing the State's function by avoiding legitimate exercise of public power, and the defendant has a history of punishment as violent crime in the past, it is true that there is a need for more strict punishment against the defendant.

However, the circumstances favorable to the defendant and others, such as the fact that the defendant has led to a crime, and the defendant has committed the crime of this case by contingency under the influence of alcohol, etc.

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