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(영문) 서울북부지방법원 2018.07.25 2017고단4864
특수공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On June 25, 2017, the Defendant, at around 20:0 on June 25, 2017, took a bath to the victim D (29 years old) who is a son, without any reason, at the residence located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C and the second floor, and served a post-panty (30cm in diameter) which is a dangerous thing in the kitchen.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

2. On June 25, 2017, around 20:45, the Defendant obstructed the performance of special official duties, at the place indicated in Paragraph 1, around 20:20:45, and on the report of 112, the Defendant: (a) sent the border F, etc. belonging to the Gangnam Police Station E District; (b) sent a door-to-face visit, which is a dangerous object; and (c) received a warning from F, etc. that he would cause a f to go off; (d) the day on which the Defendant took the door-to-face f, which led him to go F.

Accordingly, the defendant, carrying dangerous objects and interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, G, and F;

1. A H statement;

1. Application of the police seizure protocol and photographic Acts and subordinate statutes;

1. Relevant Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Articles 144(1), 136 (a) and 136 (a point of obstructing the performance of special official duties) of the Criminal Act, and the choice of imprisonment for each crime;

1. Where the degree of assault is minor (Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (Article 38 (1) 1 of the Act on the Aggravated Punishment of Concurrent Crimes) (Article 50) (Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes) (Article 1-4 of the Act on the Aggravated Punishment of Concurrent Crimes) (Article 1-4 of the Act on the Aggravated Punishment of Crimes) (Article 2 of the Act on the Aggravated Punishment of Crimes (Article 1 of the Act on the Aggravated Punishment of Crimes) (Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes) (Article 38 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes), where the degree of assault is minor (Article 1-6, 7 types) (Article 1-4 of the Act on the Aggravated Punishment of Specific Offenders) (Article 1-7 of the Act on the Aggravated Punishment of Specific Crimes) (Article 2 of the Act on the Aggravated Punishment of Specific Punishment of Specific Crimes).

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