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(영문) 서울북부지방법원 2016.07.27 2016고단2449
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant was a conditional recipient who received monthly 600,000 won or more under the condition of participation in cleaning affairs at the Dobong-gu Seoul Metropolitan Government Office C community service center, and a public official of the C community service center who instructs cleaning affairs.

On June 16, 2016, the Defendant, at around 18:20 on June 16, 2016, tried to threaten public officials of the C community service center, knife (17cm in length and 30cm in total length) dangerous articles in the Defendant’s residence, and went to the C community service center located in Dobong-gu Seoul Metropolitan Government D.

The defendant continuously finds E (50) a public official who is the head of the self-governing village team supervising the cleaning affairs of the defendant, Dab to E, Dab to E with a bad hand, and knife the knife with the left hand, and knife the knife in E.

The victim threatened the victim by stating "the deceased."

Accordingly, the defendant carried dangerous objects and interfered with legitimate performance of duties related to cleaning work of E by threatening public officials E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of criminal tools, and photographs at the scene of the crime;

1. Relevant Article of the Criminal Act, Articles 144 and 136 (1) of the Criminal Act and the choice of punishment for the crime;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended punishment in accordance with the sentencing guidelines [the scope of the recommended punishment] and the scope of the recommended punishment [the scope of the recommended punishment] that interferes with the performance of public duties, and the basic area (six months to one year and four months) (the person subject to special sentencing] - The mitigated person: The mitigated person (the person subject to special sentencing)

3. The crime of this case committed with strict protective measures for the treatment of civil petition affairs by carrying the knife in the community service center, and by threatening a public official in the process of performing his/her duties, which is disadvantageous to the nature of the crime.

On the other hand, however, it is.

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