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(영문) 서울남부지방법원 2015.10.07 2015고단2841

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On August 23, 2012, the Defendant was sentenced to imprisonment for the crime of interference with business and obstruction of performance of official duties by the Seoul Southern District Court on August 23, 2012, and completed the execution of the sentence at the Seoul Southern Southern District Court on February 15, 2013.

【Criminal Facts】

At around 10:36 on July 18, 2015, the Defendant displayed the knife at the G District located in Gangseo-gu Seoul Metropolitan Government F, on the ground that police officers working in the said District did not find a mobile phone lost in the said District at the night immediately before the Defendant did not look at the mobile phone located in the said District, the Defendant expressed the knife (total length of 32 cm) that is a dangerous object contained in the transparent plastic finite, and expressed the knife to H, who is a background leading up to the said District, located in the front of the said District, inside the counter, and said, “I will not see the knife on the front of the counter, and I will not see the Defendant’s speech.”

Accordingly, the defendant threatened a police officer to perform his duties by carrying dangerous objects, thereby hindering the police officer's legitimate execution of duties concerning receipt of reports and handling of civil petitions.

Summary of Evidence

1. Legal statement of the witness H;

1. The police statement of H;

1. CCTV video CDs;

1. Records of seizure and the list of seizure;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (the confirmation report on the date of release) Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The sentencing criteria [Scope of Recommendation] Where the degree of aggravated area (one year to four years) (special mitigation) (special mitigation) is insignificant; the degree of intimidation is minor; the person carrying dangerous objects (one type) and the person repeating the same kind of repeated offense;

2. Determination of sentence does not have significant damage caused by the instant crime, and the relevant police officer does not want to punish the Defendant.