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(영문) 인천지방법원 2019.09.06 2019고단2180

특수공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 19, 2019, at around 14:25, the Defendant applied for Afinland and Mafin service to D (the age of 27) who worked for the said center within the C Administrative Welfare Center located in Seo-gu Incheon, Seo-gu, Incheon.

Accordingly, the Defendant, who was requested by the above D to issue a civil petition form, was aware of the fact that he did not have an e-mail, and expressed his e-mail in the form of the civil petition, and was expressed to D at least 14:30 on the same day on the ground that D’s speech and behavior did not appear.

As above, the Defendant: (a) purchased 1 disease in the neighboring convenience store, and then entered the center again again, around 14:53 of the same day, and used D to assault D, which is a dangerous object that he saw as “this brusate”, which was carrying a bath, such as “this brusate,” to put the brus in the 3 guidance counter, thereby unfasing D.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties concerning the handling of civil petition affairs by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on identification cards, investigation reports (on-site conditions, etc.), photographs at the site, and CCTV images of a C Administrative Welfare Center;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant left the crime of this case only for two months after the execution of the sentence is completed, there are many criminal records of violence, and that there was a possibility that many people would suffer bodily harm because of the debrisonomy of the defendant's main disease that the defendant was on his/her own, and that there was a possibility that many people might suffer bodily harm.

Provided, That the will of re-socialization, such as the defendant's skill training, etc.