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(영문) 대전지방법원 공주지원 2017.12.15 2017고단299
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

피고인은 2017. 8. 31. 02:35 경 공주시 C에 있는 D의 집에서, 폭력 신고를 받고 출동한 경찰관의 앞에서 D에게 욕설을 하고 주먹을 쥔 채 D을 때릴 듯한 자세를 취하여 경위 E가 피고인을 말리자, “ 내가 누 군지 아냐, 폭력 전과 8범이고 빵잽이다. ”라고 말하고, 재차 D을 주먹으로 때리려고 하여 E로부터 제지를 당하게 되었다.

Accordingly, the Defendant laid off the arms attached to the arms and used not to exercise violence, and E laid off the arms of the Defendant, called “this dog, anywhere,” and called “this dog, anywhere,” a dangerous object at the entrance of the inside (30cm in length), and set up a shield and door mold, display the inside part of E, and act as if he would inflict any bodily injury on the body of the Defendant.

Accordingly, the defendant carried dangerous objects and threatened police officers who are performing legitimate duties concerning the suppression and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. Records of seizure and each investigation report (as to the attachment of the table for 112 reported cases, attaching photographs of parts to be damaged);

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of recommendations] In the case of showing a group or a large group of people or carrying dangerous things (one year to four years) in the area of aggravation (one year to four years), the area of aggravation (a person with a special aggravated punishment] [the decision of sentencing] [the defendant] has a large number of criminal offenses of the same kind, and uses violence against police officers with a view to dangerous things, and it is inevitable to choose a sentence of imprisonment.

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