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(영문) 청주지방법원 충주지원 2018.05.15 2017고단873

공무집행방해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 3, 2015, at the comprehensive civil petition office of the D police station located in C around February 3, 2015, the Defendant repeatedly filed a civil petition against E in charge of treating civil petitions against the said police station without any provision stating that “A request to deliver a certificate for receipt of civil petitions filed so far” was repeatedly filed, and return it to E as “a repeated civil petition which has been completed already” from the above E is so small as to hear the answer to the effect that “E is returned because it is a repeated civil petition.”

“Along with approximately 30 minutes, the entire departments of the above E and the relevant department are bound to keep the sound so as to prevent them from performing their official duties, and as the above E and the victim was threatened by repeatedly filing a criminal charge as if they were dead, thereby putting the public official in charge at a disadvantage in relation to their status or by exercising the physical force of the public official in charge, through repeated accusation.

In addition, from around that time to August 25, 2017, the Defendant assaulted or threatened public officials in charge of civil affairs at D police stations, F District Court G branch offices, F local public prosecutor's offices, and F local public prosecutor's office G branch offices, respectively, over six times in total, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of civil petitions by public officials of the D Police Station, F District Court G, F Local Public Prosecutor's Office, F Local Public Prosecutor's Office, and G Branch Office of F.

Summary of Evidence

1. Each legal statement of the witness H, E, I, J, and K;

1. Three copies of a photographed screen with sound;

1. Application of the Act and subordinate statutes to the result of the file reproduction within the criminal sight (filing files) among investigation reports (the submission of CDs related to this suspected CDs);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria [the scope of recommended punishment] The special aggravated area (one year to six years) (a person who interferes with the performance of official duties and coercion) shall be subject to criticism.