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Reasons
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(영문) 인천지방법원 부천지원 2014.11.05 2014고단2394
특수공무집행방해치상등
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A defendant shall be punished by imprisonment for not less than one year and 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

1. On September 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assaulting with a deadly weapon, etc.) committed an assault against the victim with a knife knife, a knife, a knife, a dangerous object 21 cm away from the knife, while drinking together with the victim, while drinking together with the victim at the house of the victim D (Innife, 29 years of age) of the 1st, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

2. On September 21, 2014, at around 00:30, the Defendant: (a) reported at the place specified in paragraph (1) and attempted to disclose the police status; (b) to open a door door door door door of the said residence; and (c) in the process of suppressing the said behavior from G, the Defendant suffered injury to G, such as an open wound of the finger knife with no damage of the finger saw, which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and E;

1. The list of seizure and the protocol of seizure;

1. Photographs of seized articles;

1. Photographs of the police officer;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act (the point of assaulting carrying dangerous articles), the former part of Article 144 (2), Articles 144 (1), and 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties by carrying dangerous articles);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is not sufficient in light of the form and risk of the instant crime.

Provided, That one month shall be the defendant.

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