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(영문) 창원지방법원 통영지원 2015.10.30 2015고단824
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 4, 2015, at around 20:13, the Defendant: (a) received a report from 112 that “A person who gets away of a woman by putting knife a knife in front of the C Apartment,” and was called to throw away the knife, which is a dangerous object, by taking the knife (knife length: 17 cm, hand knife, 13 cm) on his left hand, and threatened police officers with the knife of the knife, the knife of the knife, the knife, the knife, the knife, the knife, the knife, and the knife, the knife of the knife.”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and J;

1. Seizure record and list;

1. Each report on investigation;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Where there are many public officials who have suffered damage in the aggravated area (one year to four years) of the obstruction of performance of official duties (one year to four years) according to the sentencing guidelines; and

2. Determination of sentence - Unfavorable circumstances: The crime is not deemed to have been committed by carrying dangerous articles with many police who perform official duties; favorable circumstances; there is no means of punishment for the same kind of crime; and there is no record of punishment for a crime related to fire prevention in 2004, which has been punished for suspension of execution or more; and the defendant is against the above sentencing conditions and the defendant's age, character and behavior, environment, and circumstances after the crime, etc.

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