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(영문) 대전지방법원 천안지원 2014.03.28 2014고단208
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Criminal facts

From around 2009, the Defendant had failed to go against the police officer’s complaint to handle the case of the slope C by phoneing the case to C several times, and called “to throw away to die.”

On February 16, 2014, at around 16:20, the Defendant: (a) assaulted C with a dangerous object, which is a dangerous object that he had prepared in advance on the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knivers of the knives of the police

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Application of statutes on video screen pictures;

1. Relevant Articles 144(1) and 136(1) of the Criminal Act concerning the crime, the choice of imprisonment

1. According to the records on the determination of the claim of mental and physical disability by the Defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant was treated as a usual depression, alcohol dependence, etc., and the crime of this case is acknowledged as having been committed immediately before the crime of this case. However, it is recognized that the Defendant was aware that he had drinking even before the crime of this case, but on the other hand, the Defendant notified C of his intention to find the call as a police box, and sent the call engine to the police box with excessive two possession, and then the Defendant committed the crime of this case

In full view of the circumstances revealed in the argument of this case, such as the process and method of the crime, the defendant's act before and after the crime, etc., it seems that the defendant was in a state of lacking the ability to discern things or make decisions at the time of the crime of this case, and thus, it is not acceptable

The reason for sentencing falls under the category 1 of the obstruction of performance of official duties, and it is recognized that "the possession of dangerous objects" is an aggravated factor among special persons.

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