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(영문) 대구지방법원 안동지원 2015.10.13 2015고단461
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

The evidence No. 130 of pressure No. 130 of the Daegu District Prosecutors' Office, which was seized, shall be the same.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years on May 29, 2015 to imprisonment with prison labor for the crime of obstruction of performance of official duties at the Gangseo branch court of the Chuncheon District Court, which became final and conclusive on June 6, 2015, and is currently under suspended sentence.

【Criminal Facts】

On July 20, 2015, at around 00:52-01:02, the Defendant continued the phone at the 112 reporting center on three occasions at the Defendant’s residence located in the permanent residence of the Defendant, saying, “The Defendant 112 reporting center is equipped with one sprinker, sponser, and knife one knife, knife a knife, and knife one knife one knife one knife.”

On the same day, at around 01:10 on the same day, four persons, including E, etc., of the permanent police station, called the defendant's residence and tried to stop the defendant's dangerous behavior by reporting the knife of their own knife as the defendant would have knife.

Accordingly, the Defendant expressed to the above police officers the desire to “Aechop feasia, feasia, this feasia, and this feasia, a police officer’s feasia, will come to his place, and the feasia,” and obstructed the legitimate execution of official duties by the police officers, who were dispatched upon 112 reports by threatening knife (19cm in blade length, 29cm in total length) as an object dangerous to the above police officers, and by threatening 19cm in feasia and 20cm in length, according to the distance of 20 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Records of seizure and the list;

1. Each internal investigation report, investigation report, and accompanying documents;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on criminal records, including the suspect's previous records and written judgments);

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. Reasons for sentencing of Article 48(1)1 of the Criminal Code of Confiscation [the scope of recommendation] The area of aggravation of performance of official duties (one year or four years) (one year or four years) (specially under), the area of aggravation of official duties (one year or four years), or the case of showing a group or multiple power or carrying dangerous objects (one type).

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