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(영문) 수원지방법원 성남지원 2016.10.05 2016고단2164

특수공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a basic recipient residing in Sungnam-si, and the victim D (V, 31) is a person in charge of social welfare in the E-gu office in the Gyeonggi-si.

On June 22, 2016, the Defendant, at the above E-gu Social Welfare and Counseling Office of the E-gu Seoul city F around 10:00, went to the victim for transition (11cm in length of the knive day) which is a dangerous object carried by the Defendant, i.e., why the phone call was cut off first among the telephone calls at the above E-gu Social Welfare and Counseling Office of the E-gu Seoul city.

As above, the Defendant threatened the victim to interfere with legitimate performance of duties, such as civil petition counseling services.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to a investigative report (Securing and analyzingCCTV images);

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. Reasons for the sentencing of Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] Article 48(1)1 of the same Act shall be determined as the order, taking into account the following factors: (a) the mitigation area of category 1 (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) [Special Mitigation] [Special Mitigation] no longer has the same criminal record; (b) the circumstances leading to the crime; (c) the details leading to the crime; (d) the victim’s failure to punish; and (d