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(영문) 춘천지방법원 강릉지원 2014.06.10 2014고단191
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On January 14, 2014, around 01:09, the Defendant did not pay the drinking value after drinking at the “D” entertainment tavern in C, which was located in C, and did not pay the drinking value in front of the said week.

The Defendant, after receiving 112 reports from the proprietor of the above main station, told the Defendant that the name of the Defendant was not memoryed even after being asked of the Defendant’s intention to pay the drinking value and the name of the Defendant, and personal information from the Defendant affiliated with the police box at the scene, and told the Defendant that “I am home at the later police station after being asked for attendance at the later police station, I see the victim that “I am home at the later time after being present at the police station, I am the victim’s breast part at two times at the hand, and knife knife, which is a deadly weapon and dangerous object (7 cm in length, 18cm in length, knife length) taken the knife, knife the knife, and knife the victim’s knife, and knife the victim’s knife with the knife on the floor.

Accordingly, the defendant, carrying a deadly weapon, threatened the victim and carried a dangerous object, thereby obstructing the police officer's legitimate execution of duties concerning the dispatch of the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to H and I;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigative reports;

1. Articles 144(1) and 136(1) of the Criminal Act for the crime concerned, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act for the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Punishment of Violences, etc. Act heavier than punishment (a punishment imposed on a person who commits a crime of threat of a group, deadly weapon, etc.);

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

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