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(영문) 의정부지방법원 2015.11.04 2015고합307
특수공무집행방해
Text

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

except that 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

Around 14:00 on June 4, 2015, the Defendant assaulted the above police officer by carrying dangerous articles, and obstructing the police officer’s criminal investigation and legitimate performance of duties concerning reporting 112, while she was under the influence of alcohol, E (29 years of age) who was called out after receiving 112 reports, tried to separate the Defendant’s wife and children from other locations and to make the Defendant file a petition. The Defendant’s knife knife, which is dangerous articles within the kitchen 21cm in the kitchen c, could not be identified by taking the knife knife (21cm in the knife length).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A report on investigation, a knific photo, notification of a department related to the 112 report, on-site photo;

1. Application of Acts and subordinate statutes 1 chlody (Evidence Nos. 19);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following reasons for sentencing and the conditions of sentencing under Article 51 of the Criminal Act):

1. Imprisonment with prison labor for not more than seven years and not more than six months;

2. Type 1 (In the case of carrying dangerous objects: Dangerous objects), aggravated area (in the case of carrying dangerous objects), and one year or four years of imprisonment.

3. As to the crime of this case, the Defendant’s crime of this case, upon receiving a report of 112 and obstructing the police officer’s performance of official duties by displaying the knife, which is a dangerous object, to the victim police officer dispatched, and the case is not easy in light of the method of crime, etc.

In particular, even before committing the instant crime, the Defendant has repeatedly made a report call to the effect that it is impossible to know while under the influence of alcohol, and even after being investigated and released into the instant case, he/she made a call to the earth several times.

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