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(영문) 대구지방법원 상주지원 2014.06.24 2014고단164
특수공무집행방해등
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

1. Around 03:00 on April 25, 2014, the Defendant: (a) was placed in a container container managed by the victim D at the time of stay at C; (b) opened a container warehouse opened for himself/herself; and (c) entered the container inside the said warehouse to intrude the victim’s structure.

2. Around 08:00 on April 27, 2014, the Defendant of special obstruction of performance of official duties: (a) at the storage of the foregoing container, the Defendant reported that the Defendant does not enter a container warehouse without permission, and demanded the removal from F, G, H, and I of the district guards F, G, H, and I of the resident police station, “I son, son, son, son,” and (b) the transition (9cm in blade length) as dangerous articles (128cm in length) and the pipe (128cm in length), and threatened the police officer with the decline pipe’s shocking light, etc. in a pipe.

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties of police officers in relation to the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The first and second police statements made to D;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (on-site exit situations and site photographs);

1. Application of Acts and subordinate statutes to report internal investigation (victim, suspect speech and behavior, etc.);

1. Articles 144 and 136 (1) of the Criminal Act concerning the facts constituting the crime concerned and Article 319 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Special Duties);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the assertion by the defendant and his defense counsel under Article 48(1) of the Criminal Act

1. The Defendant alleged that the victim threatened the victim D with a chain and the police officers’ total shooting.

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