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(영문) 서울중앙지방법원 2020.10.08 2020고단5746
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 29, 2020, from around 15:00 to 18:30 on the same day, the Defendant revoked the Defendant’s driver’s license in the process of undergoing an investigation into traffic accidents from reduction of C belonging to the Seoul Central Police Station at the Seoul Central Police Station B Team office located in Jung-gu Seoul Central Police Station as a check. On the same day, around 19:30 on the same day, the Defendant requested C to have his fingerprints affixed and re-enter the materials of investigation to prepare materials of investigation.

On the 307:11 of the same month, while attending and waiting at the above B Team office, the Defendant heard the horses to the C at this stage, and described “drawing at this point” to read “drawing at here,” and used a knife (19.5 cm in total length, 16.5 cm in length on the day) hidden on the Defendant’s inner machine by preparing in advance, and used the knife to take the knife, cut off the knife, cut off the knife, cut off the knife of C with the knife, knife the knife of C with the knife of the knife.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the prevention and investigation of crimes and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Seized goods, kitchen photographs;

1. A criminal investigation report (verification of on-site video data, and photographing images on the scene of crimes);

1. Application of the Acts and subordinate statutes to photographs of team CCTV data;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. One to seven years and six months of imprisonment with prison labor for the scope of punishment by law;

2. The scope of the recommended punishment according to the sentencing guidelines [the type 1] the obstruction of the performance of official duties or the coercion of official duties [the person who has been specially punished]: The motive for committing a crime, the threat of organization and the strong force are shown or shown.

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