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(영문) 서울동부지방법원 2020.04.23 2020고단101
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. Around 16:30 on December 10, 2019, the Defendant of special obstruction of performance of official duties: (a) took dangerous kitchens (32 m in length) which are dangerous things to employees, such as the Seoul Eastern District Court Execution Officer C, etc., who tried to execute a mix around 16:30, Songpa-gu Seoul.

In this respect, the defendant, carrying dangerous objects, assaulted public officials, thereby hindering legitimate performance of official duties concerning the execution of the name of the building.

2. The Defendant, at the same time and at the same place, posted the kitchen knife to the employees, such as enforcement officers, at the same time, and at the same time, said kitchen knife was attached to the victim D (the victim, who is the owner of the said house (the victim, 65 years old), the victim E (ma, 67 years old) and the victim E (the victim, 67 years old).

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. C’s statement;

1. Police seizure records;

1. Application of on-site CCTV-related statutes;

1. Relevant provisions of the Criminal Act and Articles 144(1) and 136(1) of the Criminal Act (the occupation of special obstruction of performance of official duties or choice of imprisonment), Articles 261 and 260(1) of the Criminal Act (the occupation of special assault and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to one year and three months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] No repeated crime, special Violence (Special / Special /Special / (Special / Recommendation field and Recommendation / Scope of Recommendation)] basic area, imprisonment with prison labor for up to April 10 months;

B. Second Crimes (Special Obstruction of Performance of Official Duties) [Determination of Punishment] The basic area of the obstruction of performance of official duties [No person who has been forced to perform his duties]/her duties [No person who has been subject to special punishment], and imprisonment with prison labor.

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