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(영문) 수원지방법원 성남지원 2019.05.22 2019고단650
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On November 14, 2018, from around 08:30 to around 09:50, the Defendant threatened a victim with a vehicle parking problem in front of “C” located in Sungnam-si, Sungnam-si, with each item (70cm in length) which is a dangerous object by disputeing with the victim D and Si expenses, and with each item (70cm in length). The Defendant threatened the victim by taking the victim’s attitude, such as “B, this son, width, and sacrife,” “B,” a sound and each item of “B,” which is a sound and each item of “B,” in which the victim’s head is at risk.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Around 10:00 on November 14, 2018, the Defendant: (a) committed an assault against the victim, such as: (b) holding the Defendant, who was sent to the site after receiving 112 reports of the Defendant’s above behavior; and (c) holding the Defendant, who was a dangerous object by F, in the Sungnam Police Station E District Unit of the Sungnam Police Station E District; (b) holding the Defendant, who was sent to the site; and (c) holding the victim’s necks of harming the victim.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties of police officers in relation to the prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of statutes on site photographs;

1. Relevant Article 284 of the Criminal Act, the choice of punishment for the crime, Article 284 of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of the range of recommending punishment according to the sentencing criteria;

1. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Special Obstruction of Performance of Official Duties) (Special Obstruction of Execution of Official Duties). [Article 1] Obstruction of Performance of Official Duties/Compulsory Performance of Duties (Special Aggravation of Punishment) - Aggravation of Aggravation: Organization and Dacs or dangerous objects.

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