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(영문) 제주지방법원 2020.05.21 2020고단599
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

At around 21:00 on December 15, 2019, the Defendant: (a) received 112 report from the corridor in front of the third floor of the building C, the third floor of the building C, and told police officers, such as E, who were dispatched to the site, to the police station of the Jeju Dong Police Station, that the police officers would not take their horses because they could not take their horses once they were returned home; and (b) expressed the attitude of the police officers, who wanted to “I am out of once, can do so” to “I am, spath, face, spath, spath, and spaths” to “I am home, and if the police officers of the vehicle returned home, I am a knife (the total length, 25 cm, 13 cm) that was dangerous objects in custody of their dwellings, and expressed a threat to other sentences and police officers.

Accordingly, the defendant carried a knife, which is a dangerous object, and interfered with the police officer's legitimate execution of duties concerning 112 reported handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of relevant photographs, each 112 reported case handling table, investigation report (Attachment to the 112 reported case processing table relating to the suspect on the date of the case), investigation report (Attachment to related images, etc.), CD video-related Acts and subordinate statutes;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is an unfavorable circumstance where the police officers, who reported 112 and dispatched, use the knife (25 cm in total length, 13 cm in length on the day) which is dangerous articles and intimidation, and the nature of the crime is bad, and the defendant has been punished for violent crimes three times including a sentence once.

However, it is against the fact that the defendant recognizes the facts charged and is against the defendant.

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