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(영문) 서울중앙지방법원 2014.03.28 2014고단969
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 02:20 on February 18, 2014, the Defendant expressed his desire to “I will sprink a police officer sprink,” and expressed his desire to “I will sprink a police officer sprink,” which was placed on the front side of the D restaurant located in Jongno-gu Seoul Metropolitan Government, and obstructed police officers’ legitimate execution of duties in relation to public safety and maintenance of order, carrying dangerous objects, and by assaulting a police officer’s duty as to public safety and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of F and G;

1. Police seizure records;

1. 쇠ed photo;

1. Application of Acts and subordinate statutes to each investigation report (Evidence records 13, 32 pages);

1. Relevant provisions of the Criminal Act and Articles 144(1) and 136(1) of the Criminal Act concerning facts constituting an offense (the occupation of special obstruction of performance of official duties and the choice of imprisonment);

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 Confiscation Criminal Act [Determination of Punishment] : Obstruction of Performance of Official Duties / [Special Punishment] - Where a person shows the power of an aggravated organization or multiple groups or carries dangerous things (type 1] / [Scope of Recommendation] 1 to 4 years [Scope of Punishment] applicable provisions of applicable provisions of the Criminal Act: One to seven years [Scope of Punishment] : One month to seven years] : One month to 76 months [whether Suspension of Execution is suspended] - In a case where a person carries a dangerous or dangerous object showing a negative organization or multiple power: In a case where a person carries a dangerous object, it shall be decided as ordered by the Disposition for more than above reasons, such as the fact that the defendant is against good: the defendant has no criminal record; the fact that there is no criminal record; and the occurrence of injury to the victim.

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