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(영문) 서울동부지방법원 2016.11.03 2016고단1149
특수공무집행방해등
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

On April 4, 2016, at around 21:30, the Defendant: (a) threatened the Defendant, at the Songpa-dong, Songpa-gu, Seoul, 97 Sam field Children Park, with a view to drinking alcohol while drinking alcohol, with a report of 112 by the victim C (the age of 42) who was dispatched, with the notification of 112, that the Defendant would be transferred to police officers; and (b) threatened the said victim “I will die.”

Therefore, the above police officer's defect that the above victim's house entered the above victim's house, and the defendant threatened the above police officer with the kitchen knife (23 cm in length, 9 cm in length, 23 cm in total length) which is dangerous articles in the defendant's hand room, and then put the kitchen knife (23 cm in knife length, 37 cm in total length) which is dangerous articles in the abolition again, and again threatened the above victim with "I will die..........................................................., the defendant threatened the defendant's family members."

Accordingly, the defendant threatened the victim and carried dangerous objects, thereby obstructing the police officer's legitimate execution of duties concerning the prevention and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 144(1), 136(1) and 283(1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

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

1. Sentencing criteria;

(a) Where a person carries dangerous articles (a) within the aggravated area (a year to four years) of the obstruction of performance of official duties (a person who has been specially punished), such as the obstruction of performance of official duties;

(b) Intimidations [Extent of Recommendation] In the area of aggravation (from April to January 6) (Special Convicts), deadly weapons and other dangerous things.

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