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(영문) 의정부지방법원 2018.06.22 2018고단1465

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person eligible for basic benefits with physical disability in the fourth degree.

On March 20, 2018, the Defendant: (a) around 11:40 on March 20, 2018, the first floor welfare of the C office in Yangyang-si, the public service center; and (b) on the ground that the basic cost of supply and demand was reduced, the Defendant: (c) “I ambling, and I ambling, here, because there is no head of the welfare team; (d) I ambling, I ambling, and I ambling,” and (e) I ambling two ready oil prepared in advance at the civil service counter; and (e) expressed a threat as to whether I ambling with opening the Rab oil entrance.

In this respect, the defendant carried a dangerous object oil, a gater and interfered with legitimate execution of duties concerning administrative welfare and public officials D and E's civil petition affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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. Article 62-2 of the Criminal Act on the observation of protection;

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 January 15 to July 6;

2. The criteria for dealing with multiple crimes shall not apply because they are mutually concurrent crimes subject to the sentencing criteria; and

[Determination of Type] Crimes Obstruction of Execution of Official Duties, Obstruction of Execution of Official Duties, and Type 1 (Obstruction of Performance of Official Duties and Coercive Conduct of Duties) : In the case of carrying dangerous articles [the scope of recommended punishment] from one year to four years (in the case of aggravation of punishment)

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution three years, observation of protection, the circumstance and risk of the crime of this case to be confiscated, etc.; it is necessary to strictly punish the crime of interference with the performance of official duties in order to establish the state's legal order and to eradicate the light of public authority;