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(영문) 대전지방법원 천안지원 2016.03.16 2015고합127
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2014, at around 04:50, the Defendant assaulted his wife D and E in the Defendant’s residence located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul at around 04:50 on December 27, 2014, and received a report from the victim G (26 tax) who is the circumstances leading up to the F District of the Police Station in the 112, called the Defendant, and the victim H (33 tax) who is a police officer belonging to the same patrol group, refused to leave several times.

Then, the Defendant sought to remove the Defendant for the safety of the victim G, H, and D and E, and tried to take and remove the knife (the total length of 30 cm, 18 cm per day, 18 cm per day, mar Nos. 1) which is a dangerous object in holding a knife of the two arms and the Alife in order to force the Defendant to leave.

Accordingly, the victim H knife the defendant's hand with his hand, and the victim G knife the defendant's hand with his left hand.

Although the Defendant did not set a knife the knife, the Defendant eventually cut the victim G's left hand on the knife, and cut the victim H's left hand on the knife.

In this process, the defendant carried dangerous articles and interfered with the legitimate performance of duties by the police officer on the handling of the 112 reported case, and he suffered losses from the victims for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and D;

1. A photograph of the scene of the crime and a part of the body of the victim;

1. Seizure records;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 144 (2) (main sentence), Article 144 (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the injury or injury caused by a disturbance of obstructing the performance of special official duties against the victim H with heavier punishment);

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Confiscation of the Criminal Act;

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