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(영문) 청주지방법원 충주지원 2017.07.19 2017고단326
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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 February 15, 2017, at around 00:15, the Defendant: (a) went back to the c district unit of the Chungcheongnam-si Police Station located in B, Chungcheongnam-si; and (b) returned home to the c district unit of the Chungcheongnam-si Police Station located in B, Chungcheongnam-si; (c) on the same day, the Defendant continued to recover the said C district unit from around 01:00 on the same day, and returned home to police officers after having been solicited to return home; (d) 2 knife type knife, which is a dangerous object, (29cm, 32 m for each c) on his hand at around 01:50 on the same day, and knife two knife, which is a hand knife and knife in the said C group; and (e) knife, a police officer, including D, who was working at the same time during his service.

I do not agree.

D, etc. was threatened with the "I am kn't kn't kn't kn't."

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers for the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site reports (Attachment of field photographs), photographs;

1. A report on internal investigation (to be accompanied by CCTV data installed in a metropolitan belt), CCTV images CDs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 144 and 136 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment);

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing guidelines [Determination of types] : Crimes obstructing the performance of official duties, interference with the performance of official duties, and Type 1 (Interference with and Compelling of Duties): Where carrying dangerous objects: Reduction element: Where the degree of interference with threat, deceptive scheme, or execution of official duties is insignificant (the scope of decision-making in the recommended sphere and the range of balancing of recommendations), basic area; imprisonment for six months or from one year and six months;

2. Circumstances unfavorable to the decision of sentence: A normal condition in which the defendant's liability for the crime is not less light in light of the method of committing a crime threatening a police officer by finding the knife knife and finding the knife: the defendant committed the crime in this case.

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