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(영문) 서울중앙지방법원 2017.02.23 2016고단9452
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2016, around 20:30, the Defendant received a request from F to the effect that, in front of the dwelling site located in Gwanak-gu, Seoul Special Metropolitan City C or B01, the Defendant “fashing to diving” from F, who was visited to investigate the Defendant’s whereabouts, who was a fine recipient, the Defendant was sent to F, without any justifiable reason.

Before the introduction of Dracks, the police, the king, the brush, the brush, the brush, the brush, etc., and the kitchen divided two of the brush, which is a deadly weapon in the kitchen (24 cm in total length, 13 cm in length), and threatened the face of the police officer, and threatened the brush.

Accordingly, the defendant carried a deadly weapon and interfered with the legitimate execution of duties by police officers on the investigation of the person who is sentenced to a fine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Seizure records;

1. Application of the Acts and subordinate statutes to seized articles and photographs of the grandchildren of police officers;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. As to the defense counsel’s assertion under Article 48(1) of the Confiscation Criminal Act, the defense counsel asserted to the effect that the Defendant was in a state of mental and physical weakness due to mental illness, such as tidal illness at the time of the instant crime. However, in light of the background leading up to the Defendant’s crime, the method and method, and the circumstances before and after the instant crime, etc., the Defendant was in a state of lacking ability to discern things or make decisions due to the above mental illness at the

As such, the defense counsel's assertion is rejected.

The reason for sentencing is divided and reflected by the defendant's mistake, the fact that the damaged police officer does not want the punishment, the defendant does not have a criminal record of suspended execution or more, and the age, sex, environment, and family relationship of the defendant.

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