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(영문) 수원지방법원 성남지원 2016.04.01 2015고단3112
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 22, 2015, the Defendant was under the influence of alcohol at the entrance of the Dalle C Ba in Sung-nam-si, Sungnam-si on the game on November 22, 2015, and the victim D (67 years old) who is the father of the Defendant, was at one time at the face of the victim, who is the father of the Defendant.

As a result, the Defendant got off the old net shop where the number of days of treatment can not be known to the victim.

2. On November 22, 2015, at around 22:45, the Defendant, at the place indicated in paragraph 1, expressed the victim a knife knife, which is a dangerous object, by following the police officer F of the Sungnam Police Station E box called “I am, gye, gye, gye, and gye, knife, knife at home, knife (4cm in knife knife knife knife knife).”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Written statements of D;

1. Seizure records;

1. Investigation report (for suspect D and A’s side pictures of the damaged body), investigation report (for a knicker, knife)

1. Application of the photographic Acts and subordinate statutes;

1. Articles 257(2) and 257(1) of the Criminal Act applicable to the facts constituting an offense, Articles 144(1) and 136(1) of the Criminal Act, and Articles 136(1) of the Criminal Act, and Articles 257(2) and 257(1) of the same Act (the following sentencing is considered as disadvantageous to the offender);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Crimes 1 (Obstruction of Execution of Official Duties) within the scope of the recommended punishment / [Scope of the recommended punishment / [Obstruction of Execution of Official Duties] In the aggravated area (one year to four years) (one year to four years), a group or multiple force, or carrying dangerous objects.

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