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(영문) 대전지방법원 천안지원 2017.07.06 2017고단825
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2017, the Defendant, at around 16:24, 16:24, while she was married her children at the Defendant’s house located in Asan City, 502 building C, and was dispatched after receiving a report by 112 that she had a serious sound suitable for her, followed the investigation of the circumstances of the instant case from E by the police station D commander of the Asan Police Station called out after receiving a report by her husband, the Defendant followed the Defendant, on his/her hand, a knife (30cm in total length, 19cm in blade) that is a dangerous object stored in the Agreck for the State.

The E faces twice the face of E, and threatened E with the misunderstanding as he saw it as his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (E);

1. A written statement (F);

1. Service log for a police box, and service log for a reported case;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of photographs related to the body part A of the suspect, and a deadly weapon photograph, etc. used by the person under investigation;

1. Article 144 (1) and Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 144 (1) and 136 (1) of the Criminal Act (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] : (a) the basic area of the first type (fe.g., interference with the performance of official duties and coercion of duties) (f.g., June 1 to June) [a person subject to special sentencing] / Where carrying dangerous articles (aggravating) / (b) the circumstances leading to the crime; (c) the type of dangerous articles used by the defendant; (d) the method of using the dangerous articles used by the defendant; (e.g., the degree of danger that a police officer was exposed to, the degree of danger that a police officer was exposed to, the police officer threatened to write down the crime; (d) the defendant was not subject to the punishment of the defendant; and (e) the defendant appears to have been immediately threatened immediately following the act of recording the crime; and (e) the defendant was not subject to criminal punishment except for the fine of 70

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