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(영문) 서울중앙지방법원 2016.07.21 2016고단3414
특수공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault Defendant: (a) around May 23, 2016, on the ground that the victim set up the Defendant’s bicycle at the entrance of the Kabter at around 23:10, the victim “E main store operated by 58 years old)” was placed outside the entrance of the Kabter, and the victim “hy, Chewing,” and “hyer inside the Dor.”

"라고 말하며 주방에서 위험한 물건인 식칼( 전체 길이: 33cm, 칼날 길이: 20cm) 을 들고 나와 피해자를 향해 수차례 휘두르고, 이를 말리는 피해자 F(65 세) 을 위험한 물건인 맥주병으로 내리쳐 넘어뜨린 후, 넘어진 피해자 F를 발로 수회 찼다.

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

2. The Defendant interfered with the performance of special official duties at a time and place set forth in the above 1.1. A slope H and assistant assistant belonging to the G police box called up after receiving a 112 report, prevented the Defendant from assaulting the victims as above, and the police officer’s “ging, chewing, ging, and killing the victims” shall be discarded.

"In doing so, two fluories, which are dangerous objects, were fluored by police officers, and the beer disease, which is dangerous objects, was displayed towards H's face, and assaulted, such as plucking, plucking, plucking, etc. of the left shoulder of H one time by drinking the house of H's left side.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A written statement;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 144(1), Article 136 of the Criminal Act (a) of the relevant Act on the facts constituting an offense, and Articles 261 and 260(1) of the Criminal Act (a point of each special assault);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to cases where a person interferes with the execution of each special duty);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order;

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