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(영문) 창원지방법원 밀양지원 2017.06.08 2016고단744
특수공무집행방해
Text

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

At around 21:00 on December 10, 2016, the Defendant reported to 112 on the ground that the above D might be challenged with the Defendant, who is the former wife, and reported to 112 on December 10, 2016, the Defendant carried the police officer and entered the house, and carried the Defendant “D at home” into the Defendant’s house, and carried the transition (20cm in length) as dangerous things (20cm in length), and used the above D’s back to her hand, and assaulted the F for whom the circumstances leading up to the Twit Police Station E box, which was next to it, to put the said F in excess of course.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. A written statement;

1. Application of the Acts and subordinate statutes to seized articles and photographs of their upper parts;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the aggravated area (one year to four years) (a person who interferes with the performance of public duties and coercion of duties) (one year to four years) [a person who has been specially increased] the threat of collective power or carrying dangerous objects (one type).

2. The sentencing conditions indicated in the record, such as the age, environment, motive, means and consequence of a crime, etc., of the defendant's disability (class 3 of intellectual disability) which the defendant has the decision of sentencing appears to have caused the occurrence of the case, the fact that there is no past record of punishment, and the defendant's age, environment, motive, means and consequence of a crime, etc., shall be set off by getting off the lower limit of the sentencing criteria

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