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(영문) 서울남부지방법원 2019.02.13 2018고단6472
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2018, when the defendant was found in the defendant's residence in Geumcheon-gu Seoul Metropolitan Government 1st floor B, the defendant was found to assault and threaten the defendant's identification, and the 112 report was sent to the site by the head of Geumcheon-gu Seoul Metropolitan Government Police Station C Zone C District, which was dispatched to the site, asked the defendant about the circumstances of the case, and threatened the defendant with the food knife (the total length of 21cm, the knife length of 11cm) which is a dangerous thing, and threatened the defendant with the above D.

Accordingly, the defendant, carrying dangerous objects and threatened the above D, thereby hindering police officers from performing their legitimate duties in regard to the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of photograph (Evidence No. 23 pages);

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The ground for the sentencing of Article 62(1) of the Criminal Code / [Scope of the Punishment] Where an aggravated area (one year or four years of obstruction of performance of official duties) [a person under special jurisdiction] / [a sentence] the circumstance and contents of the crime in this case, the risk of the crime, the degree of the crime, the recognition of all the crimes, the anti-competence of the crime, the police who was threatened with the defendant's genuine death and damage compensation according to the police's direction does not want the punishment of the defendant, the police who was threatened with the defendant's genuine death and damage compensation does not want the punishment of the defendant, the aged and the health situation seems to be insufficient, and all other circumstances favorable or unfavorable to the defendant expressed in the oral proceedings such as the defendant's career, family relation, etc. are considered as a whole.

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