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(영문) 서울중앙지방법원 2016.12.27 2016고단6395
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 15:50 on August 5, 2016, the Defendant, at the D community service center located in Gwanak-gu in Seoul Special Metropolitan City on the grounds that there was no answer but to ask for consultation related to the recipients of basic living. The Defendant, while holding excessive (22 cm in total length, 11 cm in length) which is a dangerous object, was willing to call again the above community service center.

At around 15:30 on the same day, the Defendant stated that the Defendant entered the above community service center, leaving the public officials and the civil petitioners in the public service center, and took a bath to the public officials E belonging to the above community service center who refrained from doing so, saying, “I would like to know why I would not contact with the public officials in the service center, and I would like to go out of why I would like to go. I would like to go forward to the public officials F of the above community service center who would refrain from the Defendant’s act.” Although the above F continued to go over several times, I would like to act as if I would put the public official F in order for many and unspecified public petitioners in the public service center if I would not come to the request of the Defendant.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of public official F's civil petition counseling.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each statement;

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

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. The reason for the sentencing of Article 48(1)1 of the Criminal Act of confiscation [the scope of recommendation] is the case where the basic area (6-1-4 months) of the first category of obstruction of performance of official duties (6-1-4 months) (special mitigation) is minor / the case where the degree of assault, intimidation, and deceptive scheme is minor / (1-type sentence) is carried with dangerous articles (one-type sentence).

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