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(영문) 수원지방법원 2019.01.31 2018고단7046

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four 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

On September 10, 2018, the defendant filed a civil petition on September 9:10, 2018 at C4-class D office located in Suwon-gu, Suwon-si, Suwon-si, as a matter of calculating the supply cost of basic living.

Before being able to take a bath to the employees, I am saw that he was in a nearby position.

The Defendant, who was a public official of the foregoing D who prevented the foregoing conduct, expressed the desire to “this year, four public officials need to view, and the same year,” etc., and carried out the breath of the above E by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the civil petition treatment and counseling of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Voluntary reports, internal investigation reports, and preparation and reporting of recording notes;

1. Each investigation report (in addition to a field CCTV investigation and a CCTV photograph).

1. Application of the Acts and subordinate statutes concerning the photographs of damaged parts, CDs of on-site CCTV images, and CCTV images leakage photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for sentencing under the following) is that the sentencing is unfavorable to the defendant: The government office’s obscence, and the driver’s scamsing of the suspect, etc., do not change the liability for the crime by using violence against the public official. There are three criminal records related to violence (the crime of violation of the Punishment of Violence, etc. Act, the crime of insult), three times of suspended sentence, two times of suspended sentence, and 14 times of fine. The circumstances favorable to the defendant are contingent crimes committed in the course of responding to basic supply and demand: The degree of violence is not very serious. The defendant’s misunderstanding is that the victimized public official dies with the victimized public official, and that the injured public official wants to take the Defendant’s front seat. There is no same kind of criminal records as the suspended sentence. The recipients of basic living benefits for the visually disabled who will be subject to the sentencing provided for in Article 51 of the Criminal Act.