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(영문) 대구지방법원 김천지원 2014.01.22 2013고단1120
특수공무집행방해
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A defendant shall be punished by imprisonment for not less than eight months.

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 May 15, 2013, at around 11:50, the Defendant discovered the Defendant using a slope D (27cm in length) with a view to the shield of the former American Police Station, which was called up after receiving a report that there was a person in front of the rear of the Central American Child Care Center of the Singu, Sinsi, 706-2, the Defendant: (a) and asked the Defendant “Isson Dom, Dom, Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom., Dom, Dom., Dom., Dom., Dom.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning patrol duty.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (24 pages of investigation records);

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. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Code [Determination of Punishment] : obstruction of performance of official duties or coercion of performance of duties [Special Aggravation of Punishment] - In the case of carrying dangerous articles: [The scope of the decision and the recommended sentence] increased area; 1 year or 4 years [whether or not the execution of sentence is suspended] - In the case of carrying dangerous articles: In the case of carrying of dangerous articles: General unjust reasons - In the case of carrying at least two times: criminal records of suspended sentence over two times or more and the general pride: the defendant's health is very good [decision of sentence] 8 months, suspended sentence 2 years, forfeited: The defendant was sentenced to a suspended sentence for the same kind of crime in 203; the defendant was sentenced to a suspended sentence for the same crime in 203; and there are many kinds of force as to his body.

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