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(영문) 수원지방법원 2015.03.12 2015고단164
특수공무집행방해
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

Criminal facts

On January 10, 2015, from around 23:19 to January 00:56, 2015, the Defendant reported 112 times in total to the Defendant’s house located on the third floor of the C Building in Masung City, “A knife knife knife knife knife knife knife knife knife knife knife knife knife knife.” The Defendant called the Defendant’s house in order

Around 01:00 on January 11, 2015, the Defendant, who entered the above E, etc., into the Defendant’s house, was “Astrest with a police officer in a knife”, and the kitchen blades ( approximately 33 cm in total length, approximately 22 cm in a knife length), which are dangerous things in the kitchen with a kitchen, was laid in the kitchen, and threatened with the above E.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning the crime prevention and investigation of police officers.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of statement of E prepared by the assistant judicial police officer;

1. Statement of each investigation report;

1. On-site photographs;

1. Application of the existing Acts and subordinate statutes of one blade (No. 1) seized;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act selecting a penalty.

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 48(1)1 of the Confiscation Criminal Code [Scope of Recommendation] The area of aggravation of performance of official duties (one year or four years) [In the case of a person under special jurisdiction] [one year or four years], the area of aggravation of official duties (one year or four years] [decision of sentence], one year of imprisonment, two years of suspension of execution, the high risk of the crime of this case, the criminal records of the defendant, the criminal records of the same kind, the victim police officer did not receive a letter from the victim police officer. Meanwhile, the body of the damaged police officer suffered at the time of the instant case is not the body of the defendant's personal character, but the defendant's relatively pressured during a short period of time, causing a big obstacle to the performance of official duties.

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