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(영문) 의정부지방법원 고양지원 2019.11.21 2019고단2635
특수공무집행방해
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:50 on September 9, 2019, the Defendant made a threat to the police officers belonging to the same district by taking advantage of the fact that the Defendant had previously reported the fact that he had been unable to respond to the investigation even though he had reported the same contents, at the C District of the Sinsan-dong Police Station C District in Yongsan-gu, Yongsan-gu, Busan-si, and that he had previously reported the fact that he had been able to find out the lost son, thereby demanding the Defendant to return home from the police officers belonging to the said district; and on the same day, taking the knife and the knife and the knife in front of the said district at around 07:10 on the same day, by putting the knife, which is a dangerous object in hand at the front of the said district parking lot, and putting the knife in front of the said knife.

Accordingly, the Defendant, while in possession of dangerous objects, obstructed police officers' legitimate performance of their duties in relation to crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (verification of CCTV images) and CCTV image data;

1. Application of the Acts and subordinate statutes to photographs, photographs, brick photographs on the face of a threat;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant committed a crime again even though he/she had the record of punishment for the same kind of crime, and that the crime is not good.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., may be somewhat considered in the defendant's ability to judge the crime, etc., shall be determined as ordered by considering the following factors.

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