beta
(영문) 청주지방법원 영동지원 2019.06.20 2019고단40

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 17:20 on March 27, 2019, the Defendant, at the Myeon Office located in the Chungcheong-gun B, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) followed the complaint against the civil petition filed by the Defendant; (b) followed the noise of D, the head of the industrial team of the above Myeon Office, who is a responsible person, to the Defendant; (c) transferred D to outside the parking lot of the Myeon Office, the “to die, to be dead, to be dead, to be dead,” and (d) threatened D with D, who was parked in the parking lot, with the improvement, which is a dangerous object at the ridge of the Defendant’s vehicle parked in the parking lot, and then throw it away to D, by taking it back.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning civil petitions by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

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

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

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Determination of sentence [Incompetence] of the instant crime is disadvantageous to the act of threatening the victim, who is a public official in charge, to the extent that the instant crime is not treated as a civil petition as desired by him/her.

[Ligue circumstances] Defendant recognized this case’s crime.

A defendant shall not have any record of criminal punishment, except for punishment for a crime of foreign race.

In addition, the defendant's age, reputation, health status, environment and family relationship, and circumstances after the crime are revealed in the trial process of this case.