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(영문) 창원지방법원 마산지원 2020.01.15 2019고단1124
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 September 21, 2019, the Defendant attached a door-to-door guard B and Si guard at the convenience store located in the Simsan-si, Changwon-si, and the police officers assigned to the Simsan-dong Police Station C police box, who received the report 112, notified the above B of the procedure for filing a complaint, and returned back the Defendant and B.

On November 12, 2019, the Defendant received contact from the police officer who belongs to the Msandong Police Station to have received a complaint from the above B, and the Defendant was found to the police officer who instructed the procedure for filing a complaint at the time when he was found in the police box and tried to comply with the police officer who instructed the procedure for filing a complaint.

On November 14, 2019, at around 06:19, the Defendant carried a knife (the total length: 23cc., 12cc.) that is dangerous goods with a police box located in the Changwon-si, Muwon-si, Muwon-si, Muwon-si, and found the knife the knife of the knife on the part of E in front of the civil petition instruction box, and put the knife onto the police box belonging to the Mudong Police Station C box of Mudong-dong, which is serving at that place, “A police officer who said knife to be a crime of insult to grife, gora, and killed g., repeated the acts of knifeing the knife, thereby threatening him as if he would injure the body of the above E.

Accordingly, the defendant carried a knife, which is a dangerous object, and obstructed the legitimate execution of duties concerning the police box service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photograph seized objects, a list of seizure, and CCTV images taken;

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

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. It is not good that the crime is committed in the police box, such as where a person files a complaint to handle the case on the grounds of sentencing under Article 48(1)1 of the Criminal Act, and carries a knife with him/her, etc.

The time of crime is not shorter.

Although the defendant puts the knife above the knife for most time, he is knife in the middle.

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