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(영문) 춘천지방법원 속초지원 2016.11.02 2016고단247

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

1. Around 16:00 on March 21, 2016, the Defendant, at the D Park Management Office located in Gangwon-gu, was present at the above office with a request from a public official B in charge of the park management office of the above park management office to appear in the above office with respect to the business, and when explaining the above public official B’s violation, the Defendant threatened the above public official B of the defect, stating that “When imposing a fine for negligence, the fine shall be imposed on the Defendant,” the Defendant “I am feas, if I am feas, if I am feas, I am feas, I am feas, I am.”

Accordingly, the defendant interfered with legitimate execution of duties concerning park management by public officials of the park management office.

2. When the Defendant interfered with the performance of official duties of the above public official E at the time and place indicated in the preceding paragraph, as stated in the preceding paragraphs, and the public official E in charge of the duties of the above public official E in charge of the duties of the office building security service at the above park management office, expressed that the public official E in charge of the duties of the office building security service at the above park management office “I would like to be distorted.” The above public official E expressed his desire to “I would like to have the above public official E write off the coffee which he used on his hand, and threatened the Defendant’s drinking with the face of the above public official E.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the guard of the police assigned for the park management office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Application of the B’s written laws and regulations;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a)the recommendations for offences 1 and 2;