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(영문) 인천지방법원 부천지원 2019.09.27 2019고단2088
특수공무집행방해
Text

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

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

On April 15, 2019, at around 09:39, the Defendant was aware of the fact that D (47 years of age) in the region of the Busan High Police Station C District of the Busan High Police Station was dissatisfied with the Defendant’s settlement of the disposition of notification as a light crime, and that at around 11:40 on April 15, 2019, the Defendant found the Defendant’s response to the termination of the disposition of notification to C District of the Busan High Police Station of the Republic of Korea (47 years of age) at C District of the Busan High Police Station, and that at around 15:40 on April 15, 2019, the Defendant was working at the C District of the Busan High Police Station of the Republic of Korea in two kitchens of the kitchen, which are dangerous things in the household (15cm length of the day, 200cm color, 15cm length of the day, 200 cubic length length of the day, “D 12 years of service” and “12 years of service.

Accordingly, the defendant threatened police officers with dangerous objects and interfered with legitimate execution of duties concerning the receipt of 112 reported cases and the service of situation situation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing seized photographs, C District CCTV and Bags;

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

1. Aggravation factors of the obstruction of performance of official duties [Article 1] / Forced performance of official duties (Special Aggravationd Persons] according to the sentencing guidelines, the scope of the recommended punishment according to the sentencing guidelines [Article 1] : In cases of showing the threat of group or mass force or carrying dangerous objects (the area of recommendation and the scope of the recommended punishment] increased area, one year or four years of imprisonment;

2. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspended sentence, the crime of this case is found to have been committed by carrying two kitchens, which are dangerous things of the defendant, and by threatening the police officer at that place, obstructing the legitimate execution of his duties.

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