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(영문) 대전지방법원 홍성지원 2015.11.04 2015고단531
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

A seized kitchen (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years on February 14, 2014 for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.). The judgment becomes final and conclusive on the 22th of the same month, and is currently under suspended sentence.

【Criminal Facts】

On July 13, 2015, at around 11:37, the Defendant: (a) took a drunk driving in front of the entrance of the zone DD zone located in Chungcheongnam-gun, Chungcheongnam-gun; (b) took a look at the kitchen kitchen, which is a dangerous object with respect to the revocation of a car driver’s license, in which the police officer belonging to the D zone D zone zone located in the budget police station, and took a knife the kitchen, which is a dangerous object with respect to the character and dangerous things (38.5cm in total length, 26cm in length), and threatened the police officer, etc. of the circumstances and E and F of the said zone, “the police officer is believed to believe that the police officer is not able to believe, the local residents are not able to believe, and the knife the knife,” and sent him to the foregoing F, etc., who was urged to put the knife from the above police officer, thereby threateninging him to the above kitchen for about 17 minutes.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Seizure records;

1. Photographs and seized objects;

1. Previous records of judgment: Criminal records, results of inquiry into criminal records, judgments, and application of Acts and subordinate statutes to the results of inquiry into cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Determination of the type of sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of applicable sentencing under the law]: The basic area of sentencing, where the degree of assault and threat, threat and deception is minor (a mitigation factor), and where the person carries dangerous articles (aggravated factor), the recommended range and the recommended range of punishment.

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