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(영문) 대구지방법원 2015.02.05 2014고단5923
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

On November 6, 2014, at around 03:52, the Defendant, upon receiving a report from 112 that a person possessing a knife in front of the C charging station in Yongcheon-si B threatens a vehicle in transit, assaulted the Defendant’s knife that he would throw away the knife from E during the police box assigned to the Yongcheon Police Station D, which was called “I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. am. I am. I am. I am. I am. am..

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers concerning reporting duty 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1. Application of excessive Acts and subordinate statutes on vehicles and photographs;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Code [Scope of Recommendation] Where an aggravated area (one year or four years of obstruction of performance of official duties) (one year or four years) (a person under special jurisdiction) shows an organization or multiple force, or carries dangerous things (one category) / [a sentence] the excessive restriction that is a dangerous object of the defendant, is placed on police officers, interferes with the performance of official duties, and thus the nature of the crime is not good. The defendant is divided and against wrong, the defendant is suffering from mental illness, the first offender is suffering from mental illness, and other circumstances such as the motive, circumstance, means and method of the crime of this case, the situation before and after the crime, the defendant's age, character and behavior, career, environment, etc. as shown in the argument of this case are considered.

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