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(영문) 수원지방법원 2017.03.15 2017고단262
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

A seized knife (No. 1 of the list of seized knife lists) from the Defendant.

Reasons

Punishment of the crime

On January 13, 2017, at around 05:10, the Defendant reported 112 to the effect that “D” located in Suwon-si C, Suwon-si, the Defendant sought to enter the convenience store when receiving a report from “D” to the effect that “I am a fright at a convenience store,” and, upon receiving a request from a policeman F, etc. who belongs to the police unit E group of the Suwon Police Station E group, the Defendant sought to return home from the convenience store, and the Defendant prevented the foregoing F, who controlled him, “I am a police fright, flick, flick, hick, hick;

B. The phrase “as knife is knife and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant, carrying dangerous objects and by intimidation, interfered with the legitimate execution of duties by police officers in relation to the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Protocols of seizure, list and photograph of seizure;

1. Application of 112 Reporting Acts and subordinate statutes;

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act concerning the choice of punishment (the choice

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

1. Scope of the recommended punishment according to the sentencing guidelines [type determination] : category 1 (Obstruction of Performance of Official Duties and Compellion of Duties) - Where a person has carried dangerous articles: In the case of carrying dangerous articles, [the scope of the recommended punishment] increased area [the scope of the recommended punishment] 1 year to 4 years; and

2. Determination of sentence: A sentence of imprisonment for a year disadvantageous to a State: In order to establish a state’s legal order and eradicate the light of public authority, the crime of interference with the performance of official duties, such as this case, requires strict punishment; circumstances that are favorable to the past that the defendant has been punished for violent crimes: recognition of the crime of this case and reflects the fact that the defendant is under the influence of alcohol.

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