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(영문) 수원지방법원 평택지원 2016.02.11 2016고단6
특수공무집행방해
Text

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

Jinnaf (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On December 18, 2015, the Defendant 19:45 on December 18, 2015, walked “the knife the knife” on the front side of Pyeongtaek-si C.

“A police officer, who was dispatched to the scene upon receipt of a report, recommended that F will get a knife to get a knife,” the “g, this knife must be raised to the knife,” and knife, which is an object dangerous to the F, (20 cm in total length, 9 cm in length), carried a dangerous object, and interfere with the police officer’s legitimate execution of duties concerning crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G and H;

1. Articles used for committing the crime (jack blades);

1. Application of the police seizure protocol statutes;

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. Where the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] interference with the performance of official duties, and (1 to 4 years) [1 year-4 years] of the aggravation area (special aggravation of official duties] [the decision of sentencing], although the nature of the crime in this case is extremely good, the defendant is divided by mistake, and there is no criminal record in the Republic of Korea, and other circumstances shown in the records, such as the defendant's age, sex, home environment, etc., are considered, a sentence lower than the lower limit of the sentencing guidelines shall be imposed.

It is so decided as per Disposition for the above reasons.

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