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(영문) 서울남부지방법원 2014.09.26 2014고단2994

공무집행방해등

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

1. On August 7, 2014, at around 14:25, the Defendant visited the Guro-gu Seoul Metropolitan Government Guro-gu Office of 245 Guro-gu Office's third floor and asked the victim D (V, 46 years old) who is a public official of the Guro-gu Office C and its affiliated agency to have a director of regional health department and telephone call.

Accordingly, the victim was asked to ask the victim to ask for the voice from the victim on the ground that the victim gets off the phone of the old-ro public health clinic staff and the Gu-ro public health clinic staff and the Gu-ro public health clinic staff were in the form of the director of the regional public health center during the telephone call.

However, the defendant does not comply with such request and fails to leave the victim's room for about 30 minutes until the police officer dispatched by a report by the victim on the same day at around 14:55 on the same day until he/she arrives, and therefore, he/she does not leave the victim's room without justifiable grounds.

The Gu refused to comply with the Gu.

2. The Defendant, at the same time and at the same place as above, avoided the fire that he saw in his hand on the ground that the staff of the Guro Public Health Center had not been on the place of the director of the regional public health department and had been on the spot of telephone.

Accordingly, the above D was removed, and the defendant fluenited with a lush hand, and the defendant fluenddddddddddddddddd with the victim's lue on two occasions in order not to set a base for the lue fire.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the above D's civil petition response.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act, Article 319(2) and (1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment with prison labor, respectively;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order.