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(영문) 서울동부지방법원 2019.11.27 2019고단3256
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

Punishment of the crime

1. The Defendant purchased a knife knife to threaten the said victim while the victim B (the 53-years age), who was a usual wife, was dissatisfied with other males, was dissatisfied with the alcohol that they drink with other males.

At around 19:50 on October 3, 2019, the Defendant, at his house located in Seongdong-gu Seoul, Seongdong-gu, Seoul, 2019, followed the kitchen knife ( approximately 33cm in total, about 20cm in knife) which is a dangerous object that he purchased and held as above, and showed a model that the knife well fnife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. Around 19:56 of the same day, the Defendant: (a) at the same place on the same day; (b) on the same day, the Defendant: (c) stated that the police officer F of the Seoul Seongdong Police Station E Zone E-gu Seoul Police Station, who was dispatched to the site after receiving the said D’s report on the said grounds, and (d) the police officer called “I would die” and “I would die at the house,” while putting the front door in hand and knife the dangerous objects.

Accordingly, the defendant carried dangerous objects and threatened police officials, thereby hindering the legitimate execution of duties on the receipt and processing of 112 declarations and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, D, F, and G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing blades;

1. Articles 144(1) and 136(1) of the Criminal Act concerning the relevant criminal facts, and Articles 284 and 283(1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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