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(영문) 대전지방법원 홍성지원 2013.10.01 2013고단663
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 13:10 on July 7, 2013, the Defendant, at the third floor of the building located in Bocheon-si B, who received a general report to the effect that the Defendant francing the disturbance, assaulted and threatened the Defendant, such as a slope D, slope E, and patrolman, belonging to the Chungcheongnamnam Police Station C District District of the Hanam Police Station, with a view to preventing the Defendant from getting out of the second floor to the third floor of the building at issue, the Defendant extracted nomenclature, which is an object dangerous to the above police officers (speed called “fluor”, length of 60cm), an empty small-beer’s disease, sildy, and a double-fluoring, etc., with the phrase “a 90 cm in length.”

Accordingly, the defendant carried dangerous objects and interfered with police officers' legitimate performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Determination of Punishment] Category I (Obstruction of Performance of Official Duties and Scope of Recommendation] (In the case of carrying a dangerous object: No mitigation element): Imprisonment with prison labor for 1 year to 4 years (general person who is a person who is a person who is a person who is a person in general]. Reduction element is not a person in person responsible for mental illness (the person in person responsible);

2. Determination of sentence: 10 months of imprisonment, two years of suspended sentence, and two years of suspended sentence, and the defendant's usual defendant favorable to the defendant who appeared in the proceedings of this case was erroneous and repented, and there were no significant results such as injury requiring hospital treatment to police officers. The crime of this case is an contingent crime committed under the influence of alcohol to the extent that the defendant was unable to fully memory the situation at the time after he was discharged from alcohol, and the defendant committed obstruction of performance of official duties before.

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