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(영문) 대구지방법원 2013.12.20 2013고합400
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

From November 19, 2008, the Defendant was hospitalized in C Hospital due to alcohol depression, etc. to the present date, and had been treated as a soldier after the dependence on alcohol use.

At around 17:30 on June 16, 2013, the Defendant saw drinking at the Defendant’s house 401, Daegu Dong-gu D apartment 2, Daegu-gu D apartment 401 at the time when domestic violence was reported, the Defendant called the police officer, and the slope F, belonging to the Daegu Dong-dong Police Station E-gu, Daegu-gu, Police Station E-gu, which was called the Defendant’s house entrance entrance, was located adjacent to the Defendant’s entrance entrance, a deadly weapon, which was located adjacent to the kitchen, racker, and 19cc in the front hand.

피고인은 현관 출입문을 열고 나가 위 피고인의 집 앞 계단에서, “너거 뭔데, 경찰관 새끼들, 다 쥑이뿐다”라고 욕설을 하며 위 부엌칼을 피해자를 향하여 1회 찌르려 하고 수회 휘둘러 위 경찰관의 112순찰에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Records of seizure, list of seizure and photographs of seized articles;

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

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

1. Article 62 (1) of the Criminal Act (including favorable circumstances, etc. as seen below):

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Code [Determination of Punishment] - Obstruction of Performance of Official Duties (Special Aggravation of Punishment): In cases of showing the threat of group or majority power or carrying dangerous things (type 1): (a) where the subject of punishment is increased; (b) one year to 4 years [whether suspended sentence is suspended]; (c) where the subject of punishment shows negative group or multiple power or carries dangerous things: there is no criminal conviction above the positive one-half of sentence (the assertion and judgment of the two conditions).

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