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(영문) 서울동부지방법원 2017.11.10 2017고단3102

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence No. 1 shall be confiscated.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On September 21, 2017, the Defendant assaulted D on September 21, 2017 at the residence of the Defendant in Gwangjin-gu Seoul Special Metropolitan City, Seoul and the fifth floor, and did not see her mother, “The Defendant purchased a dangerous weapon in Schlage around his residence, and returned to her residence by purchasing a knife, which is a dangerous weapon (18ccm in the length of the knife). At the same time, the Defendant got home from D’s urgent phone, and got off the knife by sounding the knife door so that the Defendant, who was the knife of the Defendant returning to Korea, may not enter.

At around 22:00 on the same day, the Defendant: (a) was placed in a 112 line with D and E, and was dispatched to the scene, and (b) was set up a knife to have a knife for the Defendant to return to said G and H, and (c) attempted to have a knife and knife the face and chest part of the Defendant, who was sent to the scene by G and H on the first floor of the damage; (b) the Defendant was able to set up a knife and set up a knife and knife, who was sent to the scene by G and H on the same as G and H, with a warning that H would throw away the knife to the Defendant.

Ultimately, the Defendant carried a deadly weapon and interfered with police officers' legitimate execution of their duties in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made in relation to D, E, H, and G;

1. Police seizure records;

1. Evidence photographs;

1. 112 Reporting case handling table;

1. Application of the Act and subordinate statutes to a report on investigation (the analysis of mobile phone pictures and accompanying cases when a suspect is arrested);

1. Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of special official duties) concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1)1) is [the scope of recommendations] the juvenile protective disposition and family protective disposition, which are committed on several occasions due to violence, etc., to criticize the aggravated area (1 year to 4 years) (1 year to 1 year and 4 years), the aggravated area (a person who interferes with performance of official duties and coercion of duties).