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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 November 26, 2019, the Defendant: (a) filed a report on the prevention of danger (joint suicide) within the building No. 112 of the building No. 19:27, Goyang-dong, Yongsan-si; (b) and (c) requested two persons, including E (51 years old) and the police box No. 11 of the Dong-dong Police Station D that sent to the Defendant’s residence, to confirm the safety of the Defendant, the Defendant, without any justifiable reason, carried out a door inside the house; (c) and took a bath to the above E and two other persons; and (d) took a knife (21cm on a day, 12cm, knife) dangerous goods in the main house, and threatened the two other persons of the above E and two persons.
Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to E by the police;
1. A report on investigation;
1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;
1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;
2. Scope of the recommended sentence according to the sentencing guidelines [the range of punishment] of the obstruction of performance of official duties [the Category 1]/ the coercion of official duties (the special salvator]: Where carrying dangerous objects: In cases of carrying dangerous objects (the area of recommendation and the scope of the recommended sentence] increased area, one year to four years of imprisonment.
3. The crime of this case, which was sentenced, is not likely to obstruct the performance of duties by police officers by carrying dangerous articles.
On the other hand, the defendant shows an attitude against the defendant's wrong recognition of his behavior itself.
The Defendant committed the instant crime in a state of interest by self-harm, insects, etc. at the time, and there are some circumstances to consider the background thereof.
There is no record that the defendant has been punished for the same crime.