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(영문) 부산지방법원 2015.09.09 2015고단4406
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 July 23, 2015, at around 00, the Defendant 23:00, was under the influence of alcohol in front of the Defendant’s house located in Seo-gu, Busan, Seo-gu, 301, and 1 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Although the Defendant told the above police officers that “I am on the knife, knife, knife, and knife, I am knife, I am knife I knife I knife I knife I knife I knife I knife I knif, and knife I knife the part of H knife I knife I knife I knife the part of the knife I knife.”

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention and suppression of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (second time);

1. Each police statement of the E, F, I, and H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 8 and 13);

1. Articles 144 and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Sentencing Criteria [Determination of Punishment] No official duties of obstruction of performance of official duties, Type 1 (Obstruction of Performance of Official Duties), basic area (special person) (Scope of the sentence of recommendation] from June to April 1;

2. Although the nature of the instant crime committed by intimidation to police officers in the process of performing official duties is very poor, the instant crime committed by the Defendant citing a knife knife and threaten them under the influence of alcohol.

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