특수공무집행방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a civil petitioner who has found the B community service center for the application for basic supply and demand, and the victim C (V, 45 years of age) shall be a social worker working at the B community service center.
피고인은 2018. 8. 10. 13:30경 성남시 수정구 D에 있는 B 주민센터 내에서, 며칠 전 기초수급관련 상담을 받은 후 자신이 부당하게 지원받는다고 생각하여 불만을 품고는 센터를 찾아가 상담창고 앞에서 피해자를 불러오라고 한 다음 피해자에게 “다음에 올 땐 칼 들고 온다고 했지 ”라고 말하며 갑자기 위험한 물건인 과도(총 길이 20cm, 칼날길이 10cm)를 손에 들고 피해자를 향해 찌를 듯이 달려들어 위협하였다.
As a result, the defendant carried excessive goods, thereby hindering the legitimate performance of duties concerning social welfare affairs of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and E;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Probation Orders under Article 62-2 of the Criminal Act;
1. Reasons for the sentencing of Article 48(1)1 of the Confiscation Criminal Code [the scope of recommendation] The area of aggravation of the performance of official duties (one year or four years) (one year or four years) (the decision of sentence] of the aggravated area (the decision of sentence] of the Criminal Code, carrying excessive quantity of the defendant and threatening the public official to interfere with the execution of official duties. In light of the contents of the crime and its danger
However, the circumstances favorable to the fact that the defendant is divided into the crimes, that there is no criminal power, and that the crimes were somewhat contingent.
Taking account of the prosecutor's opinion on the sentencing (six months of imprisonment) and taking into account all the other conditions of sentencing prescribed in Article 51 of the Criminal Act, the punishment shall be determined for six months beyond the lower limit of the recommended sentence, and the edification and re-offending of the accused.