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(영문) 수원지방법원 안산지원 2014.01.21 2013고단2903

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 10:45 on October 15, 2013, the Defendant demanded a change of the seal imprint to C, who is a public official in charge of the duty of moving at the Dong-dong, Siang-dong, 2149-3, which is the Defendant’s former domicile, and heard the horses that the change of the seal imprint register is impossible due to the lack of the seal imprint register from the Dong-dong, Incheon, which is the Defendant’s former domicile, and assaulted the public official and the body of the public official by following the above C: (a) “I am free of the public official; (b) I am out of the public official; and (c) I am going home with the internal taxes paid; and (d) I am you am.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the civil petition handling affairs of the public official at the Dong-dong community service center.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. On-site photographs;

1. CCTV analysis table;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 99 pages);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;