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(영문) 대구지방법원 2020.01.09 2019고단5380
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On October 11, 2019, at around 17:40, the Defendant reported that “I am front of C, who is a police son,” the following: D, who takes the front of the C cafeteria in Daegu-gu, Daegu-gu, had a son living together with the Defendant, had a misunderstanding and scambling the head of E, which is a woman living together with the Defendant, and had a 112 call, and reported that “I am a punishment for the police am.”

Then, at around 17:47 of the same day, the Defendant: G (the age of 52) and H (the age of 44) who is a police officer belonging to the Daegu East Police Station, which received a report at the same place, laid off and dangerous objects, in hand, on the ground that the call out of the patrol vehicle was delayed; and Ha (the age of 16cc in total length. 27cc in a day) called “H (the age of 16cc), which was a police officer belonging to the Daegu East Police Station, when he received a report at the same place, threatened H (the age of 52) with a saw that “I am off and dangerous objects” (the total length of 16cc in a day. 27cm in a day) and said H (the “I am off”, which reads “I am off” as “I am off” as a saw to G, notwithstanding the provisions of G, which read “I am off”.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. Seizure records;

1. A report on investigation (with respect to the confirmation of patrol booms);

1. Application of the Acts and subordinate statutes to investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines for the crime of obstruction of the performance of official duties [Article 1] The obstruction of the performance of official duties/performance of official duties [Special Aggravation] increased factors: the recommended range of carrying dangerous objects, and the recommended range of carrying them.

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