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(영문) 인천지방법원 부천지원 2019.10.08 2019고단1708

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 17, 2019, at the entrance of the Incheon District Court Branch of the Incheon District Court located in 129 on the upper day of 15:03, May 17, 2019, the Defendant: (a) asked B of the documents delivered to B by the court and police assigned to the police assigned to the jurisdiction of the civil service center; (b) made B intimidation by saying B, “Wer-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker-ker

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties concerning the protection of office buildings and civil petitions of the court police assigned for special guard.

Summary of Evidence

1. A written statement of C and D;

1. Investigation report (the monetary content of the victim and the answer);

1. Seizure records;

1. Application of a copy of the identification card of the police assigned for special guard of the court, seized articles, field photographs, and CCTV-related statutes;

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;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Aggravation factors of the obstruction of performance of official duties [Article 1] / Forced performance of official duties (Special Aggravationd Persons] according to the sentencing guidelines, the scope of the recommended punishment according to the sentencing guidelines [Article 1] : In cases of showing the threat of group or mass force or carrying dangerous objects (the area of recommendation and the scope of the recommended punishment] increased area, one year or four years of imprisonment;

2. Determination of sentence: The crime of this case for 8 months of imprisonment and 2 years of suspended sentence is deemed to obstruct the legitimate execution of duties of the police assigned for special guard by threatening the police assigned for special guard in the knife, which is dangerous things by the defendant. According to the CCTV images, even if the crime of the defendant is clearly recognized, the defendant is not memory, and all of his crime is not denied and is not contradictory, and the defendant was absent twice at the trial date without justifiable grounds, and the detention warrant was issued and detained accordingly.