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Reasons
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(영문) 인천지방법원 2015.07.08 2015고단3057
특수공무집행방해
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A defendant shall be punished by imprisonment for a term of one year and two 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 May 24, 2015, at around 12:30, the Defendant made a 112-report telephone under the influence of alcohol at the Defendant’s house located in the Seo-gu Incheon Metropolitan City’s 1st underground level, and said, “I want to die at present, I wish to die in the knife, Is, Isle, and Isle,” and the circumstances leading up to the D District Unit of the Incheon Western Police Station D District called “Isday reported as Isson’s Day,” and “Isle, Isle, Isle, Isn, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isn, Isns, Isns, Isns, Isns, Isns, Isns, Isns, Isns, Is, and yous.

As such, the Defendant, while putting the knife on the chest of E, to cut the knife, knife the knife onto the chest of E, hereinafter “Crife knife knife knife knife”, continued to drink the knife onto the face of E and threatened the knife with the knife on the face of E, and threatened the Defendant “I am dead, such as knife knife knife.”

Then, in order for the defendant to take the knife of E, the defendant used his hand to blue the knife of E by making the knife of E faced with the wall.

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies, crime prevention and suppression.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Application of the sentencing guidelines [Determination of Sentencing] The first category of obstruction of the performance of official duties (the coercion of obstruction of the performance of official duties/duty) (Special Aggravation of the Performance of Official Duties): when carrying dangerous objects (the first category).

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