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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] The defendant was sentenced to two years of suspended execution on September 20, 2019 by the Incheon District Court for obstruction of business affairs, etc., and the judgment became final and conclusive on September 28, 2019, and is currently under suspended execution.
[Criminal facts]
1. On June 20, 2020, around 14:33, the Defendant: (a) opened an intermediate valve located in the main gas pipeline from the Tropical gas pipe in the state of locking, on the ground that, in the Defendant’s house located in Seo-gu Incheon Seo-gu building C, the Defendant did not interfere with the government’s large-scale policy and did not report to the police; (b) opened an intermediate valve in the main gas pipeline; and (c) opened the said intermediate valve in order to put the gas into the house.
Therefore, the Defendant released gas.
2. 특수 공무집행 방해 피고인은 같은 날 14:37 경 제 1 항과 같은 장소에서 112 신고를 받고 출동한 인천 서부 경찰서 D 지구대 경찰관 E를 상대로 ‘ 지금 가스를 틀어 놨으니 다 폭파시키겠다.
B. The phrase “I am, knife, I am knife, I am knife, I am knife, I am knife, and I am knife I am, while gas in the house.”
Therefore, the Defendant interfered with the legitimate performance of official duties by police officers regarding the handling of 112 reported cases using dangerous objects.
Summary of Evidence
1. The legal statement of the defendant E in part of the defendant;
1. The police statement concerning E in a part of the police interrogation protocol concerning the accused;
1. Application of Acts and subordinate statutes to the report on seizure records (voluntary submission), list of seized objects, list of seized objects, photograph of 112 reported cases, and list of investigation reports (to photographs of buildings and photographs subject to preliminary fire prevention);
1. Relevant legal provisions and the point of gas emission from the option of punishment for the crime: Article 172-2 (1) of the Criminal Act that obstructs the performance of special public services: Articles 144(1) and 136(1) of the Criminal Act (the choice of imprisonment with prison labor);
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).