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(영문) 수원지방법원 성남지원 2017.06.14 2016고단4145

특수공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On December 4, 2016, the Defendant: (a) around 20:40, in the Defendant’s residence in Sungnam-si B B lending and B 402, and (b) around 20:40 on December 4, 2016, the Defendant did not open approximately 20 minutes, even though, upon receiving the Defendant’s 112 report from the Defendant on domestic violence, the Defendant’s father C’s 112 report from the Defendant, the Sungnam-nam Police Station D police officers, and four other police officers called for the Defendant to notify the police officers to hear the Defendant’s statement and prevent self-injury.

In addition, the defendant threatened the above E with the knife knife ( approximately 34 cm in total length, approximately 22 cm in length) which is a dangerous object between the 119 rescue unit members who are forced to open the door by force, three times as if the knife knife had a knife, and threatened the above E who wishes to enter the knife into the house by putting the knife in hand the knife in his hand.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers and firemen concerning the handling of reported cases 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A criminal report and a family environment survey report;

1. Application of Acts and subordinate statutes to seizure records and list of seized articles, kitchens and photographs;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of a special official duty among the persons who interfere with the execution of a special official duty, and the punishment imposed on a person who interferes with the execution of a special official duty heavier than that of a fire officer);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 (1) of the Act on the Medical Treatment, Care, etc., to observe the protection and order for medical treatment;

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

1. Non-application of the sentencing criteria - Commercial concurrent crimes:

2. One year of imprisonment with prison labor for the decision of sentence (public prosecutor's opinion) [Judgment], ten months of imprisonment with prison labor, and two years of suspended execution, the military fire officer dispatched by the defendant upon receipt of a report on the case of domestic violence.