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(영문) 대전지방법원 2020.12.17 2020고단4488

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 13:40 on July 2, 2020, the Defendant used a civil petition telephone to the effect that “flost dust is emitted from C’s workplace” at C’s workplace located in Chungcheongnam-Nam-Nam-Nam-B, and assaulted the E’s part of the E with a bad hand during the time when the Defendant used a civil petition telephone to “flost dust from C’s workplace” to guide and check the workplace discharging environmental pollutants, and used a public official E, who belongs to the D military office’s environmental resources and/or its affiliated public official, for a violation.”

As a result, the Defendant interfered with the legitimate performance of duties on the guidance and inspection of the business place discharging environmental pollutants of public officials.

Summary of Evidence

1. The application of relevant Acts and subordinate statutes to the defendant's legal statement E, the police's protocol of statement to F, the police's protocol of statement to each police station, the 112 Declaration

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. The fact that the Defendant’s decision-making on sentence is not good for a crime by exercising physical power and has been punished several times for violent crimes is disadvantageous to the Defendant.

However, the degree of physical records used by the defendant is weak, and the facts reflected after recognizing the crime of this case are considered as favorable circumstances to the defendant, and other factors such as the age, character and behavior, environment, motive, means and consequence of the crime of this case shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime of this case.