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(영문) 수원지방법원 여주지원 2018.04.11 2018고단189
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

A seized kitchen shall be confiscated by one square meter (No. 1).

Reasons

Punishment of the crime

1. A special assault: (a) on February 26, 2018, the Defendant borrowed money from the Defendant’s house located in Gyeonggi Pyeong-gun Co., Ltd. to the victim D (43 tax) who is a subsequent farmer at the Defendant’s house located in Gyeonggi-si; (b) but (c) on the other hand, the Defendant was assaulting the victim’s head on one occasion by an empty spawn who is a dangerous object upon refusal.

2. Around February 26, 2018, the Defendant obstructed the performance of special public duties, and the special intimidation: (a) at the Defendant’s house located in Gyeonggi Pyeong-gun C on February 26, 2018; (b) 112 reported and sent out by the victim D, the Defendant sounded “to kill and die” by putting the victim D and the said police officers in his/her hand the kitchen knife, which is a dangerous thing in the kitchen when searching the house in order to find out an empty ward.

Accordingly, the defendant possessed dangerous objects and interfered with legitimate execution of duties of police officers in relation to the investigation of crimes, and threatened victim D at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, G, and F;

1. Application of the police seizure protocol statutes;

1. Articles 261, 260(1) (a) of the Criminal Act applicable to the crime, Articles 284, 283(1) (a) of the Criminal Act, and Articles 144(1) and 136(1) (a) of the Criminal Act concerning the crime (a point of obstructing the performance of respective special duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who commits a crime of special intimidation and a crime of obstructing the performance of official duties, and a punishment imposed on a person who commits a crime of obstructing the performance of special duties against G with the largest punishment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (a punishment provided for by a crime of obstructing the performance of special duties, the imposition of which is more severe, shall be imposed);

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

1. The scope of punishment: Imprisonment with prison labor for not less than one month or for not less than 11 years and three months;

2. Category 1 (Obstruction of Execution of Official Duties) of the scope of the sentence recommended on the sentencing criteria, shall interfere with the execution of official duties.

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