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(영문) 대구지방법원 김천지원 2014.05.01 2013고단1842
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant, as a taxi driver, reported to the police as a taxi driver on December 2, 2013, but did not deal with the case as he wishes.

At around 16:40 on December 5, 2013, the Defendant: (a) found the Gu American Police Station D District for the Gu, Si, Si, Gu, Si, and (b) took a bath to the large interest of “The police head of the Gu, Gu, Si, Si, and Gu,” and (c) took a bath from E in the circumstances where the said D District, where he was on duty, while working; (b) took a bath to the said E, “heat, dead, and dead”; and (c) took a dub of the said E in hand, flabing and sping it into a dangerous object stored in his taxi; (d) took a gas gas gun, which is a dangerous object in his taxi, and flabing it toward the face of the said E; and (e) took a hhum kh kh kh k k kh k k kh k k k k k k k k k k

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning the work in the above E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Investigation reports and investigation reports (related to the confirmation of CCTVs);

1. Application of the seizure list and the Acts and subordinate statutes voluntarily produced;

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. According to Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness and state of lacking the ability to discern things or make decisions due to stimulative disorder at the time of committing the crime, in full view of the following: the Defendant’s speech and behavior before and after committing the crime; the Defendant’s report on the investigation (the relative investigation of the suspect); the details of diagnosis and treatment of the Defendant indicated in the G Hospital H’s medical certificate attached to the record; and

1. Although the suspended sentence is disadvantageous to the defendant, the crimes of this case under Article 62 (1) of the Criminal Act are very poor, and the defendant has a criminal record and a criminal record of imprisonment.

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