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(영문) 서울중앙지방법원 2012.12.28 2012고단6021
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

【Criminal Force】 On November 15, 201, the Defendant was sentenced to a suspended sentence of two years for a crime of special obstruction of performance of official duties at the Seoul Central District Court on October 10, 201, and the judgment became final and conclusive on the 23th day of the same month,

【Criminal Facts of Crimes】 On October 24, 2012, around 04:35, the Defendant, in front of the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, threatened the Defendant with D having a de facto marital spouse relationship with D and was called up and heard D’s statement after having received D’s report, the Defendant threatened the Defendant with a knife, which is a dangerous object in the kitchen of the house and the kitchen located in the house (17cm in the knife length).

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in relation to crime prevention and handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F and G;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning F, G, and D;

1. Records of seizure and the list of seizure, and deadly weapons and photographs;

1. A criminal investigation report (video recording of CCTV at the scene of crime);

1. Application of Acts and subordinate statutes to criminal records, investigation reports (verification of criminal records and inquiry into judgment), investigation reports (verification of facts during the period of suspension of execution of sentence);

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the crimes under pertinent Articles of the Criminal Act;

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

1. Scope of the sentence recommended by the sentencing guidelines [decision of types] Crimes of obstruction of the performance of official duties; 【Determination of the recommended sphere of obstruction of the performance of official duties】 Aggravation (Determination of the recommended sphere of suspension of the performance of official duties- carrying dangerous objects] 1 to 4 years (Adjustment Before Adjustment according to the punishment by law);

2. Determination of sentence does not result in severe consequences due to the instant crime, the fact that one acts are followed, and the fact that it is a contingent crime is considered in favor of the accused, but the accused is the same kind of crime.

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