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(영문) 인천지방법원 부천지원 2014.08.28 2014고단1694
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant resided in the Won-si, Seocheon-si C 502, and resided in the 402nd floor below the near, that the sound or door closed by the computer has slicked to a slick, and has committed an act to sleep and open the door.

On July 17, 2014, at around 03:20, the Defendant: (a) 402, sent the door of 402 heading on the ground of noise to the Defendant, and (b) 112 reported by the residents of the 402nding area D District of the Busan District Police Station, which was called “to throw away” on the ground of noise; (c) the Defendant was subject to the check from the heading E and the heading F of the Dong-U.S. Police Station of the 112nding area; (d) “I see see her horses, she will do so, she will do so; (d) I am back the Defendant’s residence; and (e) I am back the stairs, which is a dangerous object (the length of 45 cm); and (e) threatened the Defendant and F to “I am away. I will die.”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers for crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to E and F;

1. Relevant Articles 144 and 136 of the Criminal Act concerning the crimes. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration, such as the absence of previous convictions for the accused, the occurrence of contingent crimes, and deposit of KRW 200,000 to E);

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

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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