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(영문) 서울북부지방법원 2019.02.12 2018고단4946
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On October 24, 2018, around 09:45, at the front of the Seoul B apartment Cdong, three persons, such as the construction and management of the Seoul Ddong Office and public officials E, who perform on-site control of illegal street points, control the Defendant’s street points, and thereby threatening E, as they threaten E, a dangerous object ( approximately 21cm in total length, approximately 11cm in length, and approximately 11cm in length).

Accordingly, the defendant interfered with the legitimate execution of duties by public officials on the duty of traffic safety control.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Bluice stuff photographs;

1. Application of special obstruction of performance of official duties image statutes;

1. Relevant legal provisions concerning criminal facts, Articles 144(1) and 136(1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was subject to a disposition of a fine for negligence on several occasions on the grounds that he/she occupied and sold the road without permission.

As a result, the guidance and warning have been received from the competent Gu office several times.

Nevertheless, the crime of this case was committed again, and the control official displayed a deadly weapon in this process.

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

There is an aspect of the situation in which the livelihood is to be maintained.

From 2000 to 200, there has been a good faith life for a considerable period of time so far as there has been no punishment.

The occurrence occurred in a contingent manner.

Three control officials appeal against the defendant.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances and various circumstances as the age, character and conduct, motive of the crime, and circumstances after the crime.

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