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(영문) 광주지방법원 목포지원 2014.05.22 2014고단298

특수공무집행방해

Text

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.

Reasons

Punishment of the crime

At around 09:30 on February 24, 2014, the Defendant applied for a “cultural play card” issued by the Government to the C Resident Center located in Siposi B, but the employees of the C Resident Center did not have any contact at the said C Resident Center.

I think, I tried to find it as the community service center, and thought it to be hotly to the employees.

On February 25, 2014, the Defendant assaulted the victim’s right knife ( approximately 20cm in blades, approximately 30cm in total length) with a deadly weapon ( approximately 20cm in blades, approximately 30cm in total length) prepared in advance to ask the victim D (mai, 50 years of age) of the head of the welfare guidance center, which was located in the community service center, to “Iknson?” while putting the victim’s disturbance in large interest at the above C community service center.

Accordingly, the defendant, while carrying a knife, who is a deadly weapon, assaults victim D who is a public official belonging to the above C Resident Center, and obstructed legitimate execution of duties concerning civil affairs of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image verification);

1. Article 144 (1) or 136 of the Criminal Act applicable to the crimes and Articles 144 (1) or 136 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Determination of types of crimes: Type 1 of obstruction of performance of official duties;

2. Determination of the scope of sentence: An aggravated area, one year to four years (a person who is a special aggravation: carrying dangerous articles);

3. The punishment against the defendant within the scope of the sentencing criteria in consideration of the following: (a) the decision of the sentence and the suspension of execution are recognized by the defendant; (b) the defendant himself appears not to have committed a planned crime by reporting to 112; (c) his agreement with the victim; (d) the criminal records of the suspension of execution are 191; (e) the criminal records of the defendant; (e) the criminal records of the suspension of execution are old in 192; (e) the criminal records of 1992; (e) the criminal records of the suspension of execution of execution