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(영문) 수원지방법원 성남지원 2018.03.21 2018고단58
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 December 21, 2017, the Defendant tried to use a knife (25 centimeters in blades and 12 centimeters in blades) which is a dangerous object at the main point of the trade name, Hanam-si building and D D, and “E,” located on the second floor, and tried to use the knife to F, who is prone at the above main point. However, upon receiving a report from 112 at the time, the Defendant was required to leave a knife in possession of a police officer from H, who was dispatched to the site and dispatched to the site. As such, the Defendant died to H.

Hah the word "," and H threatened H with knife knife the front of H.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties concerning the handling of reported cases by police officers H 112 and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I;

1. Notification of a record of seizure and the list of seizure, investigation reports, evidence photographs, and the department that reported the 112 case;

1. Investigation reports (Attachment and analysis of CCTV data in the case), application of statutes to investigation reports (EM statements);

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the list of seizure, investigation report, and I’s statement, etc., it appears to have been owned by the operator of the DoJ so far as the judgment was rendered, and there is no evidence to waive the ownership thereof, Article 48 of the Criminal Act cannot be applied since it cannot be seen as “goods not owned by a person other than the criminal,” and Article 62-2 of the Social Service Order Act cannot be applied.

Therefore, it shall not be confiscated.

Reasons for sentencing

1. Where the person carries dangerous articles (one year to four years) in the aggravated area (one year to four years) (a person who has been specially increased) within the sentencing criteria, the scope of the recommended punishment [the scope of the recommended punishment] in accordance with the sentencing criteria;

2. Determination of sentence [Public Prosecutor’s Opinions] Imprisonment with prison labor for a year and six months [Judgment] year, one year, and one year.

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