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(영문) 수원지방법원 2017.09.14 2017고단3517

특수공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2017, the Defendant: (a) around 17:50 Osan City B 106, 1001, “Abrying garnment from high-rises, thereby reducing goods.”

The victim’s guards affiliated with the police box C of the Sungdong Police Station of the Sungdong Police Station called “ 112 reported and sent out shall die upon the victim’s entry into the said house, i.e., the victim, who entered the said house, through the present door, which is opened in order to identify the scene.

Before being able to take a bath in a large manner, the victim took a kitchen, which is a dangerous object in his/her possession, to realize the Defendant, (the entire length: about about 20cm in total) on the floor of the kitchen, which is an object in his/her possession, and continued to put the victim into the part of the victim’s left part.

As a result, the Defendant carried dangerous articles and interfered with police officers' legitimate execution of duties concerning the handling of reported cases and the prevention of crimes, and at the same time, damaged the reputation of the following, which requires medical treatment for about 14 days for the victim.

Summary of Evidence

1. Application of the Police Statement No. 112 Report No. 112 on the Defendant’s legal statement No. D to the Defendant’s report No. 112 Report No. 44544, Dec. 19, 201;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of special official duties) and Article 257(1) of the Criminal Act;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The provisions of Article 62(1) of the Criminal Act on the suspended sentence (the following conditions favorable to the defendant among the reasons for sentencing) are applied to the kitchen knife, which is a dangerous object in the reason for sentencing, and the provisions of the crime of inflicting bodily injury on the police officer in charge of performing his/her duties are not exceptionally applied.

However, it is a contingent crime, the defendant suffers from mental illness such as stimulative disorder, etc.