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(영문) 대구지방법원 김천지원 2019.07.18 2019고합61
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 20, 2019, at around 00:45, the Defendant: (a) sent out after having received 112 reports on a separate assault case, to E (the age of 47) (a police officer of the Kimcheon Police Station D police box, who belongs to the patrol team of the Kimcheon Police Station 2 Team, called “I am dead, I am dead, I am dead, I am dead, I am dead, I am dead,” and sounded “I am dead, I am dead, I am the head of the above E (the knife, the knife length of 37 cm, the knife length of 21 cm, the knife No. 1) and got the above E going beyond the floor while getting out of the floor, thereby causing the diver and injury to the said E, which require approximately 2 weeks treatment.

As a result, the defendant carried dangerous articles and interfered with legitimate performance of duties of police officers in handling reports and maintaining order in the 112 Report Case and caused the injury to E by the above police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A written diagnosis of injury to E;

1. Blue boxes, CDs, the surface of which is recorded, and photofagics of the images of the crime;

1. Seizure record and list;

1. Application of Acts and subordinate statutes to each investigation report (as to photographs and on-site situations);

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following).

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Type 1 (Bodily Injury or injury caused by special obstruction of public duty) shall be applied to the crimes of obstruction of performance of official duty by decision;

B. A special-speed person (aggravated factor) committed a crime against a police officer who performs urgent duties for criminal investigation, maintenance of public order, etc. as stated in its reasoning.

[Discretionarys] The damaged police officers are subject to death and death from the defendant and his family members.

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