A defendant shall be punished by imprisonment for one year.

The excessive one (No. 1) seized shall be forfeited from the accused.

Punishment of the crime

[Criminal Power] On November 15, 2018, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for the crime of obstruction of performance of official duties at the Daegu District Court, which became final and conclusive on November 23, 2018, and is currently under suspended execution.

【Criminal Facts】

피고인은 2019. 3. 18. 18:35경 경산시 B에 있는 피고인의 주거지 앞에서, 하수구 공사 소리가 시끄럽다는 이유로 화가 나 주거지에 보관 중이던 위험한 물건인 과도(총길이 25cm, 칼날길이 13cm)를 들고 밖으로 나가면서 112에 전화를 걸어 “사람을 쑤셨다. 내가 칼로 쑤셨다.”라고 말하였다.

At around 18:46 of the same day, the Defendant: (a) notified police officials working at the police station C commander of the police station, who was dispatched after receiving a report of 112, for about 10 times, and notified the police officials working at the police station C commander of the police station, that “knife” was 10 times; (b) notified the police officers at the police station C commander of the police station of the same day that “fnife flife flife flife flife flife.”

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties of police officials in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (verification of the date on which the judgment becomes final and conclusive);

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 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines for the crime of obstruction of performance of official duties [Type 1]/ the coercion of performance of official duties [Special Aggravation]: The recommended range and the recommended sentence in cases where the group and the group show or carries dangerous objects.