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(영문) 서울북부지방법원 2014.06.20 2014고단1139
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

Two blades (No. 1) seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On April 26, 2014, at around 02:00, the Defendant sought a contact with the Defendant’s wife C in front of the Kambagle in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 227, and met with the above C at the Korea University Emergency Hospital located in Seongbuk-gu, Seongbuk-gu, Seoul, and received first aid (73), followed the Defendant’s arrival at the KL University Emergency Hospital on board the vehicle with the above C, and met with C, who received first aid, and requested the person concerned of the above hospital C to explain his or her multi-friendly situation and to receive the police, and caused the disturbance.

On April 26, 2014, at around 03:10 on April 26, 2014, the Defendant: (a) sought explanation of the situation of C in which the security personnel of the above hospital was reported and sent to the emergency room of the said hospital; (b) sought explanation from E in the circumstances where C was affiliated with the Seoul Seongbuk Police Station D District Unit of the Seoul Seongbuk Police Station D; and (c) took the knife, which is an object dangerous from the main machine, with a knife, knife the knife’s face (7cm in knife length) and took the knife of the above E, and obstructed the Defendant’s knife the Defendant’s hand by moving the said knife to his left hand, and by obstructing the police officer’s legitimate execution of duties regarding the suppression of crimes and mobilization of reports related to preventive measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

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

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Although the defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act led to the confession of the crime of this case, the crime of this case prevents the defendant from performing official duties by displaying the knife, which is a dangerous object to a police officer during the performance of official duties, and the act is not less than that of the crime, but not less dangerously, and other circumstances such as the motive and circumstance of the crime of this case, the defendant's age, character and conduct, environment, family relation, etc.

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