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(영문) 수원지방법원 2017.02.16 2016고단8242
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 13, 2016, the Defendant demanded that D(22) police officers belonging to the National Police Agency C of the Gyeonggi-do National Police Agency, working in the area of the 223 Gyeonggi-do National Police Agency, in front of the Changwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, which had been working in the area of the 223 Gyeonggi-do National Police Agency, reduce the E belonging to the said National Police Agency, one’s own fraudulent act, but he was dismissed on the ground that he was in the business trip, and was willing to threaten public officials.

On the same day, at around 12:42, the Defendant sent to D a medical police officer D with one gasoline (1.6 liter) and one set of rabs in advance prepared within the parking lot of the National Police Agency that was parked in the same day, and then expressed his attitude to commit suicide without complying with his own demand. In addition, the Defendant kept off the rabs in front of the said National Police Agency, which included gasoline, which is a dangerous object to D with a medical police officer, and expressed his attitude to commit suicide without complying with his demand.

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties, such as the control of access by the National Police Agency D, an auxiliary police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each existing statute referred to in subparagraphs 1 and 2 of this paragraph;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that a police officer in the course of performing official duties committed suicide while carrying out a tick that contains gasoline, which is a dangerous object by the defendant.

Intimidation was made.

In light of the importance of the result caused by the defendant's act, it can not be severely punished.

On the other hand, the fact of crime is recognized and wrong.

It seems that the problem between family members is the cause of the problem, and it is difficult to move to the third degree of disability.

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