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(영문) 대전지방법원 천안지원 2017.11.24 2017고단1988
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

1. A special intimidation: (a) on March 11, 2017, the Defendant: (b) threatened the victim, without any special reason, with the influence of alcohol on the street in front of the “D cafeteria” in Asan City (hereinafter “D cafeteria”); (c) by putting the victim in front of the “F” taxi running by the victim E, and by threatening the victim, who is a dangerous object to the victim in the vehicle, in the front of the “F” taxi, and by putting the victim in a knife knife (the knife length of 5cm and the total length of 19cc) on a knife hand.

2. The Defendant interfered with the performance of special official duties, citing the knife knife of phrases at the time and place specified in the above 1.1.

“Asan at the site upon receipt of the 112 report, and the slope H affiliated with G District District would get off the knife.

“Along with the body of the above H, the police officer interfered with the legitimate execution of duties concerning the handling of the reported case by assaulting the above H’s body twice, thereby obstructing the above H’s 112 handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. A written statement of I;

1. Each photograph;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) of the Criminal Act (a point of obstructing the performance of special official duties), Articles 284 and 283(1) (a) of the Criminal Act, and each choice of imprisonment with prison labor;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. For the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, Article 48(1) 1 of the Act on the Punishment of Offenses 1 (Obstruction of Execution of Official Duties) / [the scope of recommending punishment / [the scope of recommending punishment / [4 months-1 year-1 year-1 year-1 year-1 year-2] of the mitigation area of crimes / [the scope of recommending punishment ] the mitigation area of crimes / (4 months-1 year-2] of the mitigation area of crimes / [the person who is subject to special mitigation] of punishment not (including serious efforts to recover damage) or damage equivalent to the mitigation area of crimes : six months-2 years-2 years-2.

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