beta
(영문) 창원지방법원 마산지원 2012.11.07 2012고단350

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On November 4, 2010, the Defendant sentenced 8 months at the Changwon District Court to imprisonment for an attempted larceny at night, and completed the execution of the sentence at a detention center on September 29, 201.

1. On April 12, 2012, the Defendant: (a) found in order to verify when the basic cost of supply and demand occurred under the influence of alcohol at the Changwon-si Residents’ Self-Governing Center of Changwon-si on April 12, 2012; (b) failed to avoid disturbance with the Defendant’s threat of 10 minutes, namely, “I will die in knife with knife”; and (c) “I will die in knife with knife.”

Accordingly, the defendant interfered with legitimate execution of duties concerning social welfare affairs of public officials.

2. From April 12, 2012, the Defendant 11:20 on April 12, 2012, the Special obstruction of Performance of Official Duties: (a) the head of the residents’ autonomous living community E, like the foregoing residents’ self-governing center; (b) the head of the residents’ autonomous living community E, who gets the Defendant out of the residents’ self-governing center, took a knife with a knife (17cm in knife length) that is an dangerous article; and (c) carried the knife on the knife, knife all the knife, and threatened the head of the Dong and C residents’ autonomous center by 10 minutes.

Accordingly, the defendant carried dangerous articles and interfered with the execution of legitimate administrative affairs by the public officials belonging to the residents' self-governing center.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Seizure records;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, and attachment of personal identification data);

1. Article 136(1) of the Criminal Act and Article 136(1) of the choice of applicable law and punishment for the crime (the point of obstructing performance of official duties, choice of imprisonment), Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing performance of special duties,

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act, the defendant's reason for sentencing.