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(영문) 수원지방법원 2019.05.09 2018고단6944
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On November 22, 2018, at around 19:10, the Defendant was asked about whether he was a son from D, a police officer belonging to the above police box, around 19:18, in front of the present police box, at around 19:18 on the same day, after searching for the C police box in front of the present police box, and questioning about whether he was in front of the present police box, he was in front of the present police box, and "I have brought about a knife to die and to die," and "I have taken knife a knife (29cm in total length, 17.3cm in length on the day) which is a dangerous object carried in the inside of the inner police box on his hand, and the victim threatened the victim.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers working for a police box.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure, the list of seizure and the blades of seized articles;

1. Application of Acts and subordinate statutes to photographs by reporting internal investigation (the analysis of video images on the suspect's threats to the victim) and capturing him/her;

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. The reason for the sentencing of Article 48(1)1 of the Confiscation Criminal Code [the scope of recommendation] The person who is under special guard in the aggravated area (one year to four years of imprisonment) shall be punished by the obstruction of performance of official duties (one year to four years of imprisonment): in the case of carrying dangerous articles (the decision of sentence] in the case of carrying dangerous articles (the crime of carrying a knife, which is dangerous articles), the nature of the crime is bad

Provided, That the lower limit of the sentencing criteria shall be set aside in consideration of the fact that the defendant has recognized a mistake and is the initial offender.

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