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(영문) 수원지방법원 성남지원 2016.05.18 2016고단610
특수공무집행방해
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

On December 14, 2015, the Defendant 112 reported on the assault case by the Defendant and the Defendant at Sungnam-si, Sungnam-si B, 712 Dong 1405, 112, and 1405 on the Defendant’s penal assault case, the Defendant 2 teams of the Police Station D District patrol Team affiliated with E, E, slope F, police officer G, and police officer H with dangerous objects, and ran the Defendant intending to drive an elevator in order to harm the above C, while putting the above excessive amount into his hand, and putting the above police officers “A frien, human bomba,” and there is no longer any further loss of this.

From the present door, the elevator has been divided into the elevator server in order to prevent the defendant from getting off according to the police officers of the above person.

Accordingly, Defendant 1 cited the above excessive amount as his hand, and added the above police officers as a hacker, and discarded all of the knifes with this knife so that it can be lowered only once.

I will write off if you do not turn off.

“.......”

As a result, the defendant threatened the above police officers by taking advantage of excessive use of dangerous objects, thereby hindering the police officers' legitimate execution of their duties concerning the dispatch of reports and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to E, F, G, and H;

1. Application of the statutes on seizure records and excessive photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act [in the case of showing the power of an organization or a group or a group of people or carrying dangerous things (one-year to four years) (one-year), the decision of sentence] the defendant's age, sexual behavior, environment, motive for the instant crime, etc., and the arguments and records of this case.

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