Text
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence No. 1 shall be confiscated.
Reasons
Punishment of the crime
1. 특수 공무집행 방해 피고인은 2017. 4. 12. 17:50 경 서울 관악구 C 앞길 부근에서 위험한 물건인 회칼( 총 길이 : 30cm, 칼날 길이 : 20cm) 을 손에 든 채 배회하며 행인을 위협하는 행동을 하던 중 112 신고를 받고 현장에 출동한 서울 관악 경찰서 D 파출소 소속 경위 E으로부터 위 회칼을 내려놓을 것을 요구 받자 그를 향해 회칼을 휘두르며 “ 이리 와 봐, 씨 발 짭새 새끼야 찔러 죽여 버릴 거니 깐” 이라고 소리치며 동인을 협박하였다.
Accordingly, the defendant carried dangerous things and interfered with the execution of duties concerning the prevention, suppression and investigation of crimes E, who are police officers.
2. On April 12, 2017, from around 17:40 to 18:00 on April 12, 2017 to around 200, the Defendant sent back the distance with blades (the total length: 30cm, 20cm length: 20cm) on the ground that the Defendant was unable to move out due to stress and brus, etc. on the taxi driving from 200 meters away from her house located in Gwanak-gu in Seoul Special Metropolitan City to the front day of Seoul Special Metropolitan City, Nowon-gu.
Accordingly, the defendant carried a deadly weapon that is likely to be used for violent crimes without justifiable reasons.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each statement of G, H, I, J, K, L, and M;
1. Investigation report (CCTV investigation);
1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;
1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of special duties), Article 7 of the Punishment of Violences, etc. Act (the point of obstructing the performance of duties), and the choice of imprisonment with prison labor, respectively;
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. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation.