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(영문) 광주지방법원장흥지원 2020.10.15 2020고단29

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

The defendant shall be the chairperson for the development of a strong B village.

On December 27, 2019, the Defendant: (a) around 14:30 on the street in front of the Gangnam-gun, Jinjin-gun, Jinjin-gun, the competent officer E belonging to the Jinjin-gun, and F of the Korea Land Information Corporation, conducted a site boundary survey for the purpose of maintaining the fences in the B village of Jinjin-gun, and (b) extracted one string point for the boundary survey; and (c) in compliance with this, the Defendant assaulted the above E’s left left part of the E, one time by hand, and continued to go beyond the floor by pushing the shoulder part of the said E with both descendants.

Accordingly, the defendant interfered with legitimate execution of duty concerning the boundary surveying of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to report internal investigation (related to attachment of field photographs) and investigation report (related to the details of which a suspect files a civil petition against the Gangwon Military Office in the past);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant recognized his mistake and reflects his depth; the defendant does not have the same criminal power; and