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(영문) 수원지방법원 2016.01.21 2015고단5732
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 November 21, 2015, the Defendant: (a) reported at the home of the Defendant (20:42) 802 Dong 1001 and 112 of the Defendant’s apartment (20:42); and (b) rejected the call from the Victim C (26), a police official belonging to the police station of the father police station, who called “the husband is dead with knife with knife”; and (c) rejected the call; and (d) putting the victim into the same as the victim, who was a dangerous object, “the police has been knifeed;

p. Ne.

By threatening 112, the police officer's duty of sending the 112 Declaration was hindered.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. E statements;

1. Determination to take ad hoc measures;

1. Application of Acts and subordinate statutes to report emergency measures;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the aggravated area (one year to four years) (a person who interferes with the performance of public duties and coercion of duties) (one year to four years) [a person who is specially increased] the power of an organization or a group, or carrying dangerous objects (one type);

2. Determination of sentence: Imprisonment with prison labor for one year, suspended execution for two years, heavy danger and quality of the crime in this case, the fact that the injured police officer did not receive a letter from the police officer, the defendant reflects his own crime, the defendant has no record of being punished as a crime of interference with and violence, and other matters that constitute the conditions for sentencing provided for in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the defendant as shown in the records and arguments of this case, shall be determined as ordered by taking into consideration.

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