특수공무집행방해
A defendant shall be punished by imprisonment for one year.
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 person who works for a day-to-day employment.
Around 10:00 on November 2, 2016, the Defendant: (a) talked with D community service center located in Seongbuk-gu, Sungnam City, about the selection of a basic recipient; (b) had a large voice, “A kitchen (C: 32.5 cm length: 32.5 cm) which is a dangerous object in possession of the following money, is cut back, and booms the head of the administrative team in charge of the above division, and “A public official in charge of the department has died; (c) how the head of the administrative team will die; and (d) the head of the administrative team in charge will die and die and live in the pent; and (d) the head of the administrative team in charge is no superior.”
The defendant, carrying dangerous objects, and obstructed the execution of legitimate duties concerning the civil petition affairs of the Dong, by threatening the head of the administrative team.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement;
1. Application of seizure records, seized kitchen photographs, CCTV-recording images, CD-related Acts and subordinate statutes;
1. Articles 144(1) and 136(1) of the Criminal Act applicable to the crimes under pertinent Articles of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. The reason for the sentencing of Article 48(1)1 of the Confiscation Criminal Code [the scope of recommendation] The scope of the punishment of obstruction of performance of official duties (one year or four years), the aggravation area (one year or four years), the organization or multiple forces, or carrying dangerous things (one type) [the decision of sentence] The crime of this case is deemed to interfere with the public official's performance of duties by threatening the public official in the community service center without carrying the kitchen knife, and taking into account that the defendant used dangerous things that may harm the life and body of the public official, it is necessary to severely punish the defendant.
However, the defendant's confession of all of his crime, the fact that the defendant does not directly cause any physical harm to the public official, and the motive, means and result of the crime of this case, the circumstances after the crime, and the criminal records of the defendant.