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(영문) 수원지방법원 안산지원 2016.06.24 2016고합114

특수공무집행방해치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On April 19, 2016, the Defendant: (a) at the public service center of the Do community service center located in the Dong-gu, Ansan-si; (b) according to the background leading up to the cancellation of the Defendant’s resident registration to the victim E (55 years) who is in charge of the cancellation of the resident registration, etc., as the public official of Grade 7 belonging to the above Do community service center; (c) while the victim and the victim were in a dispute with the victim, he was forced not to take a bath, etc.; and (d) the Defendant was strongly informed of the victim’s fingerprint registration device, which is a dangerous object on the civil petition site, to the face of the victim; and (d) the victim was able to take care of the victim for about 14 days in the left-hand eye and open eye around the snow.

Accordingly, the defendant carried dangerous things and interfered with legitimate performance of duties concerning civil petition handling affairs of public officials in the community service center, thereby causing the injury of the victim who is a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs by taking victims, on-site photographs, fingerprints-registered photographics, and CCTV-capes;

1. Article 144 (2) (main sentence), Article 144 (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing criteria [type determination] and the scope of the recommended punishment [the scope of the recommended punishment [the scope of the decision in the sphere of recommendation and the scope of the recommended punishment], one year and six months and three years, respectively.

3. Determination of sentence: The act of obstructing the performance of official duties in order to eradicate the light of public authority for two years and six months of imprisonment, the suspension of execution of four years, and to establish a national legal order;