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(영문) 서울동부지방법원 2016.12.28 2016고단3761
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On July 22, 2016, at around 21:20, the Defendant, at the residence of the Defendant in the second floor in Gwangjin-gu, Seoul Special Metropolitan City, carried out a threatening speech and behavior, such as: (a) the Defendant spreads liquid (the presumption that it is mixed with widths and water) in a trial room and the main room into the ward and the main room; and (b) the Defendant’s wife “influent it, she will die. (c).”

At around 21:30 on the same day, the Defendant entered the ward, “I am sponse, I am sponse, I will die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I am sponse. I will die. I will die. I am sponse and die.”

Accordingly, in order for the above E and F to prevent or refrain from committing a criminal act, such as the Defendant’s fire, etc., the Defendant: (a) directed the Defendant to this, and (b) threatened the said E and F by gathering in his/her hand the transition (23 cm length) on his/her part, which he/she was on his/her part.

Accordingly, the defendant carried dangerous objects and prevented police officers from performing their legitimate duties in relation to the prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and C;

1. A written statement prepared in C;

1. Each protocol of seizure and the list of seizure, each investigation report, field inspection results report, and reports on requests for appraisal;

1. Application of each statute on photographs;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

Article 40 or 50 (Selection of Imprisonment)

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 48 (1) 1 of the Confiscation Criminal Code [the scope of recommendation] The person who is in special interest in the area of aggravation of performance of official duties (one year and four years): in the case of carrying dangerous objects (the decision of sentence] in the case of carrying dangerous objects (the decision of sentence is made), but organic substances still remain.

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