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(영문) 서울동부지방법원 2016.05.24 2016고단213
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On January 11, 2016, at around 15:00, the Defendant damaged one electric measuring instrument at the market price, which was installed on the wall in his/her own residential area located in Gwangjin-gu Seoul Special Metropolitan City, by an aesthetic method, owned by the victim C.

2. On January 11, 2016, at the place indicated in paragraph (1) around 15:30 on January 11, 2016, the Defendant: (a) was defective in the circumstances where the Defendant was reported by the Defendant at the place indicated in paragraph (1) of the same Article, and the E and patrolman of the Seoul Mine-gu Police Station D District, Seoul, in order to listen to the circumstances of the instant case from the Defendant; (b) was placed in a kitchen, which is a dangerous thing, (c) a kitchen (the total length of 30cm, the knife volume of 18cm in length), and (d) discarded the Defendant’s “only enter as one gue.”

“Intimidating the police officers”, the police officers were threatened.

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of duties concerning the handling of reports and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. A protocol of seizure and a list of seizure;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes governing damaged photographs and field photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense, Article 144 (1) and Article 136 (1) of the Criminal Act (a point of obstructing the performance of special official duties);

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. (Punishment prescribed by the Act on Interference with the Execution of Special Duties by Persons Engaging in Obstructing in Execution of Duties by Persons Engaging in Duties by Persons Engaging in Duties by Persons Engaging in Duties by Persons Engaging in Special Duties by Persons

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act for sentencing, Article 48(1)1 of the Confiscation Act, Article 48(1) 2 of the Criminal Act in the case of showing or carrying dangerous or public power (one-year or four years), the aggravated area (one-year or four years) of the first type of interference with the performance of official duties (i.e., interference with the performance of official duties and coercion of duties) / [the scope of recommended punishment] the general standard of crimes (i.e., damage of property).

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