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(영문) 대구지방법원 서부지원 2019.05.09 2018고단2800
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 23, 2018, at around 15:30, the Defendant reported to 112 that he will felling the Defendant’s female felbling in front of the restaurant located in Seo-gu, Daegu, Seo-gu. However, police officers belonging to the Daegu Western Police Station Cdistrict called the Defendant to use the taxi at the site and went away from the site. As such, the Defendant was willing to threaten police officers according to the C district in which the said police officers work.

At around 17:30 on August 23, 2018, the Defendant found 쇠 pipes ( approximately 70cm in length, approximately 1.7cm in diameter), which are dangerous articles to the Daegu Seo-gu Police Station C District District, Daegu-gu D, Daegu-gu, and thereby called “hinginging the Gyeongbuk firearms case” to the police officer on duty, “hing the hinginging of the hinging gun case,” and the hinging of the hing pipe below, thereby threatening E.

Accordingly, the defendant, carrying dangerous objects, thereby obstructing police officers' legitimate performance of duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to the attachment of a photograph of a CCTV screen and a duplicate CD), investigation report (as to attachment of seized photograph);

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;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act was that the defendant threatened a police officer with a pipe, and the fact that the crime is not good, etc. is disadvantageous.

However, the punishment as ordered shall be determined in consideration of the following factors: the defendant led to his confession of the crime of this case and repents his mistake; the defendant is a primary offender who has no criminal records; and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime, etc. as shown in the arguments of this case.

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