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(영문) 창원지방법원 진주지원 2019.07.17 2019고단316
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

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to changes in the nature of urgency due to side effects of drugs:

At around 07:00 on February 18, 2019, at C’s house located in Hadong-gun B, Namnam-gun, the Defendant was able to see that the Defendant, while entering the said house as a part of his hand, and displaying the improvement, he was able to see that the Defendant “I will be able to get any spawn and any spawn,” and applied the above C with the desire to do so.

Accordingly, the residents of the next House reported to 112, and the police officer E and the police officer F called the police officer belonging to the police station of Gyeongnam-dong Police Station in receipt of the report.

On February 18, 2019, at around 07:45, the Defendant viewed the police officers as seen above entering the house of C, one hand (3.5 cm in total, 20 cm in length) and the other hand, with the cover of one iron-type insertion (25 cm in total, 15 cm in length in length in length), and with the cover of one iron-type insertion in the other hand, the Defendant interfered with and threatened the police officers as follows: “All knifs will knife all knife”; and the Defendant assaulted and threatened the police officers, such as flifeing the improvement of the police officers and flife the flifeing of the flife.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of imprisonment;

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

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

1. Confiscation: Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria (which does not apply directly to regular concurrence) shall be the obstruction of performance of official duties.

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