A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 29, 2019, at the defendant's house located in Seo-gu, Daejeon, Seo-gu, Daejeon, on September 29, 2019, the defendant collected a kitchen knife (30cm in total: : 30cm in length) which is a dangerous object on the kitchen knife of the Daejeon Police Station C zone, which was called after receiving 112 reports related to domestic violence, and the background E received questions about whether the house was inside the house, and threatened the defendant with a view to harming the body of the defendant, like D and E.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement to D and E, and a copy of the police protocol of statement to F;

1. A detailed statement of the occurrence of the case, arrest report, internal investigation report, and processing of the 112 reported case;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Each of the crimes in this case of ordinary concurrence was prosecuted as a simple one crime, but this court's deliberation recognized that the crime in this case of ordinary concurrence exists as a result of the deliberation (see Supreme Court Decision 2009Do3505, Jun. 25, 2009). Even if it is recognized as a simple one crime with the same criminal facts and not as a simple one crime, it is merely merely a different legal evaluation as to the number of crimes, and it does not constitute a different fact from the facts charged, and it does not violate the principle of non-defluence because there is no concern about causing substantial disadvantage to the defendant's exercise of his/her right to defense, and therefore, the above criminal facts are applied ex officio as an ordinary concurrence crime without changing the indictment.

(See Supreme Court Decision 87Do527 delivered on May 26, 1987). Articles 40 and 50 of the Criminal Act

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of obstruction of performance of official duties] shall be limited to the crimes of obstruction of performance of official duties.