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(영문) 춘천지방법원 원주지원 2016.10.11 2016고단613
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 June 26, 2016, at around 11:10, the Defendant was under the influence of alcohol in the parking lot near the main station located in the Hanju-si, and was dispatched by the police officers belonging to the Kuwon Police Station C district unit called the Defendant and was under the influence of the passage of the vehicle.

After that, the Defendant, at around 12:40 on June 26, 2016, was dissatisfied with the police officer’s measures, and around 12:40 on the part of the Kuju Police Station C District of the Kuju Police Station located in Kuju-si, E, a policeman belonging to the said patrol group, prevented the Defendant, and returned home, and taken off the transition (10cm in blade length) which is a dangerous object in the Defendant’s name, and “I will die and die,” and the above E, as his hand, was urged to take off the above excessive hand of E, with the Defendant’s hand.

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of their duties in relation to the prevention of crimes and global service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Seizure records;

1. Application of the statutes governing the case-related photographs

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 48(1)1 of the Confiscation Criminal Code [Scope of Recommendation] Where the area of aggravation of performance of official duties (one-year or four years), [a person under special circumstance] the threat of group or multiple force, or carries dangerous things (one-year sentence] imprisonment, one year of suspension of execution, two years of probation, and the defendant on probation, who is under disturbance at the police station, threatened the police officer by excessive restraint, threatening him by the police officer, and assaults the police officer after cutting the knife of the knife, the responsibility for the crime is heavy.

However, the defendant is a disabled person of Grade III with intellectual disability and has no record of being punished for the same kind of crime.

b) these circumstances;

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