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(영문) 서울남부지방법원 2018.04.17 2018고단269
특수공무집행방해
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 04:50 on January 15, 2018, indicated “a person who has a deadly weapon” in the rear door of the New Mine church located at the center of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, under 211, the police officer security guards D, security guards E, and police officers assigned to the Yangcheon Police Station C police box called up after receiving 112 reports, shall display the kitchen knife (the total length of 32 cm and 20 cm in length) which is a deadly weapon, to F, and throw away close trees.

C. It shall be discarded by death.

We are see in the wife, whether the inner part is the same as the death of noer than today.

“Intimidating”, etc.

Accordingly, the Defendant carried a kitchen, which is a deadly weapon, and obstructed police officers' legitimate execution of their duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of G and H;

1. List of seizure and protocol of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 186 of the Criminal Procedure Act provides that police officers, who have weared the reason for sentencing, with regard to the burden of litigation costs, shall peeped with the attitude of legal order in that they have threatened police officers with deadly weapons.

However, considering the fact that a criminal act has been committed contingent due to religious conflict with his/her spouse, having no previous record of the same kind, and has been in violation of depth during his/her prison period, the sentence shall be determined as ordered by taking into account various circumstances, such as the defendant's age, sexual conduct, environment, and circumstances after the crime.

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