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(영문) 서울중앙지방법원 2016.02.17 2015고단8191
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2015, the Defendant reported to be lost and reported to the Seoul Jongno-gu Seoul, Jongno-gu, on the grounds that it did not find it, the Defendant concealed excessive amount of 10 centm of the blades, which is dangerous articles, and threatened D’s police officers belonging to the police station where he works in the relevant place, with “I will die and die, throw away to die, and die to die,” and then, the Defendant moved to the said D’s office, which was a towing event that the Defendant had a deadly weapon, tried to extract the test and to take down the test, and added it to the said D’s office, which included the excessive amount of the knife that the Defendant was able to guide the Defendant with a deadly weapon.

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties concerning police boxes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police against D;

1. Police seizure records;

1. Investigation report (a photograph by cutting CCTV images inside the patrol box) and investigation report (a counter investigation by the head of the patrol box 2).

1. Application of the photographic statute to the photograph of a seized article

1. Articles 144(1) and 136(1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the type of determination] No person who interferes with the performance of official duties, interference with the performance of official duties, and no person who is subject to special sentencing] [the scope of the recommended sentence] [the scope of the sentence] six months to one year and four months (the basic area] [the decision of sentence] below the defendant's age, sexual behavior, family relation, family environment, motive and means of a crime, and circumstances after a crime, etc., shall be determined as per the order.

Unfavorable circumstances: Dangerous articles on the ground that the preceding report did not take measures on the loss report.

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