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(영문) 창원지방법원 마산지원 2014.06.10 2014고단382

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On October 24, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Changwon District Court’s Musan Branch on October 24, 2012, and completed the execution of the sentence in the Changwon Prison on February 9, 2013.

Around 15:30 on April 16, 2014, the Defendant, at the D Residents' Center located in Gyeongwon-si, Changwon-si, Changwon-si, and around December 24, 2013, at the D Residents' Center in charge of social welfare (the 35 years of age) requested the hospitalization of the Defendant’s mental hospital, the Defendant was dissatisfied with the foregoing E, Social Welfare U.S. F (the 50 years of age, 50 years of age, for the following reasons: (a) freshing the outcome by taking a bath, such as “Chewing, Chewing, and the 50 years of age; (b) freshing the part of the clothes of G (the 56 years of age), which is dangerous to the part of the clothes of G (the 20cm in total length and 10cm in length of the day).

Accordingly, the defendant carried excessive goods, which are dangerous goods, and obstructed the legitimate execution of duties of the officials of the Do Community Center.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (applicable to repeated crimes);

1. Relevant Articles 144(1) and 136(1) of the Criminal Act concerning the crime, the choice of imprisonment

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

1. Reasons for sentencing of Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of Recommendation] Where the area of aggravation of performance of official duties (one year or four years) (one year or four years), / Where a person under special circumstances shows the threat of collective power or carries dangerous articles (one year) / one year (one year of sentence] imprisonment;