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(영문) 서울서부지방법원 2020.09.29 2020고단2543
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 August 7, 2020, at around 13:50 on August 13:50, 2020, the Defendant: (a) directed the civil petition of the "Seo Police Station" in the Criminal Party Office in the Eunpyeong-gu Seoul Metropolitan Government promotion; (b) threatened people by taking off the transition (20cm in total length, 10cm in blade length) which is a dangerous object on the ground that the dispute between the circumstances in which the police station is affiliated, B, and I received a request to state civil petitions from slope C, and his spouse, due to the dispute between the Defendant and his spouse, and threatened the Defendant with “I wish to die. I will request to detain.” B and slope C.

Accordingly, the defendant carried dangerous objects and interfered with police officers' legitimate execution of their duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the existing Acts and subordinate statutes of subparagraph 1 of the evidence of each police statement against C and B;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Aggravation elements of the obstruction of performance of official duties [Article 1] / Forced performance of official duties (Special Aggravationd Persons] according to the sentencing guidelines: Where there are many public officials who have suffered damage (area of recommendation and the scope of recommended punishment] special aggravation area, one year to six years of imprisonment, where there are many public officials who have suffered damage.

3. Determination of sentence: Imprisonment with prison labor for one year, and two years of suspended sentence, the defendant, carrying a dangerous article, prevents police officers from performing their official duties, and the charges are very heavy;

However, the fact that the defendant reflects his criminal act, police officers B and C have not been punished against the defendant, the defendant is the first offender, the defendant is an old person and the defendant has good health status.

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