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(영문) 대전지방법원 2018.08.30 2018고단1711
특수공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 4, 2018, when the Defendant listened from his father, he thought that he could escape from his father when entering the tea prison, and found in the nearby police station to threaten police officers with a knife, and concealed one of the dangerous things (the blade length, 11.5cm) in the Defendant’s house kitchen, which were dangerous things (the knife length, 11.5cm) in the Defendant’s house kitchen, and moved back to the Daejeon Police Station located in the 733th field, Seo-gu, Daejeon.

On May 4, 2018, at around 20:20 on the same day, the Defendant paid out of the front corridor of the immediately preceding police station C, the background D on duty while on duty, and the security guards E, and then has been from the above police officers.

In addition, even if the police officers did not answer to the water level, they saw the police officers to go to the upper knife of the upper knife of the upper knife, and hear the words that the police officers would put the knife on the floor, and threaten the police officers to have the above excessive knife the body of the police officers in such a way as to do so.

Accordingly, the defendant carried dangerous articles and interfered with legitimate performance of official duties, such as duty service at the police station of the above police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The criminal place;

1. Application of seizure records and statutes concerning the list of seizure;

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

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

1. Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The substantial risk of the sentencing of Article 334(1) of the Criminal Procedure Act is high in light of the nature of the reason, the initial crime, and the attitude of the act

In addition, the sentencing factors of Article 51 of the Criminal Code are considered.

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