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(영문) 대구지방법원 김천지원 2017.01.11 2016고단1206
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On July 16, 2016, the Defendant filed a false report at around 13:40 on several occasions at the 112 Police Agency of the Gyeongbuk-gu Police Agency of 112, and the Defendant sent the Defendant to the Defendant’s home of the Defendant No. 102 10, 102, and 10, and notified the Defendant of the defect of the disposition, and arrested the Defendant on several occasions with E’s hand and left shoulders, and arrested the Defendant as “Sweaks,” and “Sweaks,” which are dangerous articles (10cm length of blade and 10cm length of blade and 10cm length of blade).

Accordingly, the defendant interfered with the legitimate execution of duties concerning the notification and 112 notification by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (as to the arrest process of a flagrant offender who interferes with on-site conditions and special performance of official duties, the application of Acts and subordinate statutes citing excessive (10 cm on the blade x 10 cm on the blade x 10 cm on the blade ) and threatening them);

1. Articles 144(1) and 136(1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of punishment / [the scope of recommendations] where a group or multiple forces are shown or carried dangerous things are carried within the aggravated area (1 year to 4 years and 4 years), (1) [the case where a sentence is rendered] / (1) the sentence shall be determined as ordered in consideration of the circumstances constituting the sentencing conditions set forth in the argument of the instant case, such as the following circumstances and the defendant’s age, sexual behavior, environment, motive and means of the crime, and circumstances after the crime.

The term "unfavorable circumstances" is a dangerous thing, which is a matter of intimidation and intimidation to police officers performing their duties.

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