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(영문) 수원지방법원 2013.03.27 2012고단3540

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

Punishment of the crime

On July 2012, the Defendant, while receiving a mental treatment at the Suwon-si Hospital in Suwon-si, Suwon-si, the Defendant is entitled to receive subsidies for the hospital expenses from the side of the above hospital.

‘I' listen to the horses, and the head of Suwon-si Office, which is the Dong Office, under the jurisdiction of the defendant's residence, has been sufficiently divided into the failure to subsidize the hospital expenses to the defendant.

At around 09:10 on July 27, 2012, the Defendant threatened public officials who were working in the community service center, such as the head of the Dong, the leader of the general team, and G in charge of social welfare, with the kitchen knife, which is a dangerous object from the Defendant’s house, on the left hand, and put the kitchen knife.

Accordingly, the defendant carried a kitchen, which is a dangerous object, and obstructed the legitimate performance of duties of the public officials of the Do community service center.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs and investigative reports (CCTV accompanying images);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crimes of special obstruction of performance of official duties for E, the most serious crime committed);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of punishment by law] 1 to 7 months [decision of the type of crime] , the crime of obstruction of the performance of official duties, the first category of obstruction of the performance of official duties [special person] : the aggravated element of the obstruction of the performance of official duties: carrying dangerous articles / [the scope of punishment by recommendation] aggravated area (a period of not less than one year and not more than four years) / [decision of sentence] of the crime of this case / the defendant’s community service center’s official intimidation without carrying a kitchen.