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(영문) 수원지방법원 안양지원 2017.07.26 2017고단772
특수공무집행방해
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

On April 21, 2017, the Defendant received a 112 report stating that she was able to open the house of this house, she was able to take a bath, and she was not able to take a bath at the site on 01:25, Ansan-gu Bab B B, Ansan-gu, Annyang-si, Annyang-gu, Annyang-gu, the Defendant sent to the site on 112 report, and she was notified that she was in danger of the Defendant’s hand at the time from E, and she was sent three times or more to set one saw (No. 1, 1, 33 cm in length per day, 63 cm in length) which is a dangerous object her hand at the time of the Defendant’s she was able to her hand, and she was able to threaten her to her own her part of the above saw. The Defendant she was she was she to her knee, she was kne.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A statement prepared by the F;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

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 that choose a penalty;

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. The sentencing under Article 48(1)1 of the Confiscation Criminal Act is in line with [the scope of sentencing according to the sentencing guidelines] - The area of aggravation of official duties (one year to four years of imprisonment) - The area of aggravation of the execution of official duties (one year to four years of interference with the performance of official duties) - Where carrying dangerous articles: (1) year of suspension of execution - 2 years of suspension of execution - unfavorable circumstances: The fact that the nature of the crime is very poor in light of the background and content of the crime, the risk of the commission of the crime, etc. - The first fact that the crime is committed is seriously against the defendant's age, sexual behavior, occupation, family relation, financial status, health condition, etc.

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