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(영문) 수원지방법원 2020.05.28 2020고단360
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 21, 2019, at around 19:03, the Defendant: (a) reported at the Defendant’s residence located on the 112th floor in Suwon-si B, Suwon-si, which was called “I will die;” and (b) threatened the Defendant with an attitude that would inflict any bodily injury on the Defendant, such as attempting to enter the said residence, entering the police station of the Gyeonggi Coast Police Station C police Station, which belongs to the police station of the Gyeonggi Coast Guard, with the aim of ascertaining the instant case, and she talked about KRW 24cm in total length, approximately 13cm in the blade length,” and she expressed the attitude that “I will sphere, sphere, sphere.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the current Acts and subordinate statutes of the police officer’s protocol of statement with D, documentary evidence CDs, CDs, photographs of seized objects, screen pictures of the site conditions, 112 reported case handling records, and one excessive (No. 1) to which seizure was already made;

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

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;

2. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment with prison labor for not less than one year but not more than four years (decision of type): Suspension of the performance of official duties (special imprisonment): Reduction element of the performance of official duties). No mitigation element exists. Aggravation element: Where dangerous articles are carried onto an increased area.

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended sentence, the defendant interferes with the legitimate execution of duties of a police officer by taking a dangerous weapon as a weapon to threaten the police officer; and therefore, such crime is minor;

However, the defendant has lost self-defense while under the influence of alcohol and committed the crime of this case contingently, and the defendant has a record of criminal punishment until now.

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