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(영문) 전주지방법원 정읍지원 2017.08.17 2017고단216

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 13:55 on May 16, 2017, the Defendant obstructed the legitimate performance of official duties of public officials on the ground that, prior to the entrance of the entrance of the Myeon Office, the Defendant filed a pro quo application with the competent officer D (at the age of 56) who is a public official belonging to the above Myeon Office, but did not constitute a civil petition. However, at the same time, six persons, such as the above D, are working for the Myeon Office, leading up to the entrance of the Myeon Office, leading up to the entry of the Myeon Office, leading up to the Myeon Office, leading up to the entry of the Myeon Office, leading up to a dangerous object, and interfered with the legitimate performance of official duties of public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (Interference with special performance of official duties);

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions favorable to the defendant, such as the observation of protection, Article 62-2(1) of the Social Service Order Act, Article 59(1) main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc., against the defendant when committing a crime, and the wrongness of the defendant, the damaged public official is not subject to the punishment of the defendant, and there is no criminal record exceeding the fine of the defendant, etc., and the defendant's motive and method of committing the crime of this case, causing a threat of harming a public office going against the defendant's complaint in civil petition treatment, are inferior, and there is a great need for strict punishment against acts threatening legal order due to an emergency violence toward the public authority, and other factors of sentencing unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the order.