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(영문) 서울북부지방법원 2014.08.29 2014고단1507
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 4, 2014, at around 15:30, the Defendant heard the explanation that the Defendant’s mother, who is a person responsible for supporting, will prepare a written consent to provide financial transaction information at the second floor office of the Dobong-gu Seoul Metropolitan Government Office 62-ro 62-ro 89 ( Chang 3 dong), which is a public official in charge of social welfare service, from C (n, 42 years of age), who is a person responsible for supporting the Defendant, will not contact with his mother, and thus, misunderstanding that the Defendant

The defendant, at the intervals of the above C, concealed the knive knife of 19cc in the knife length, which is an object dangerous to return to the house, and found again to the above office.

In addition, at around 15:45 on the same day, the Defendant laid knife the knife from the knife in the above office, and knife the above C with knife as knife B, and knife C with the above knife as knife C, and made the above C knife and knife C with the above knife and caused the above C to occur on the job, and used the above C to assault and threaten the above C.

Accordingly, the defendant carried dangerous objects and interfered with legitimate performance of duties related to social welfare affairs of the above C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Photographs (in the face of a suspect for committing a crime),

1. Seizure records;

1. Application of photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel's assertion regarding the defendant under Article 62-2 of the Probation Criminal Act, and the defendant alleged that the defendant was in a state of mental disorder due to mental illness and alcohol at the time of the instant case. Thus, according to the records, the defendant was found to suffer from depression at the time of the instant case and was under the influence of alcohol, but the situation is deemed to lack the ability to discern things or make decisions.

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