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(영문) 창원지방법원 거창지원 2018.01.24 2017고단344
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. On October 6, 2017, the Defendant interfered with the performance of special official duties is committing suicide in front of the building of the building of the Gyeong Chang-gun, Chungcheongnam-gun, Seoul around October 21, 2017.

“On the ground that the Defendant’s children were met in order to verify the details of the report by the Changdong Police Station D District E and the head of the police station F, who was called upon 112 report, the Defendant laid down red bricks (24cm wide, 11.5cm high, 5cm high, 5cm high), which are dangerous objects in the vicinity of the police station, at both hand, and “I am dead down, dead, dead, rushed, lavered.”

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“In doing so, threat was made to the police officer F, as the scambened by the scambling theory, such as threatening the scamben F.

Accordingly, the defendant carried a slick, which is a dangerous object, and obstructed the police officer's legitimate execution of duties concerning the handling of reported cases and maintenance of order.

2. At the time and place set forth in the above paragraph 1, the Defendant: (a) harming the performance of official duties, as described in the above paragraph 1, expressed the police officer’s desire to “I Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol Dolh”; (b) given warning that the slope E can be arrested as a current offender, and (c) assaulted both hands that “I Dol Don E’s shoulder and chest part Dol Dol Dol Don Do

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, E, and F;

1. 112 A list of reported cases;

1. Results from the reproduction of black stuffs and images;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to the details, etc. of the dispatch to the site, accompanying photographs, and attaching black images);

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of special official duties), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each type of crime;

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 Code of the suspended execution (the defendant recognized and reflected his mistake).

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