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(영문) 서울남부지방법원 2020.01.21 2019고단5065

공무집행방해

Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2017, the Defendant was sentenced to eight months of imprisonment for the obstruction of performance of official duties by the Seoul Southern District Court, and was released on March 30, 2018 in the Seoul Southern Prison on parole on the execution of the sentence, and the parole period passed on May 8, 2018.

【Criminal Facts】

On June 24, 2019, at the C Resident Center located in Yangcheon-gu Seoul Metropolitan Government on 11:00, the Defendant heard the answer that the public official in charge of social welfare requested support from the public official in charge of social welfare, but the additional support could not be given in addition to the legally possible part, and then, in front of the above community service center, the Defendant complained of the complaint, and that “the public official does not engage in any follow-up management, such as support for basic supply and demand at the community service center, etc. at the community service center,” “the public official shall not perform any work at the community service center, by causing the revolution,” and the Defendant’s complaint was raised by the public official in front of the above community service center, at his hand, at one time, the above D’s d's buck with no kne, and at one time the above D’s buck with the head of the above community service center, and the Defendant’s complaint was raised by the public official in front of the above E, and the above E’s complaint was raised by the public official in front.

As a result, the defendant interfered with the legitimate execution of duties concerning the civil petition treatment of public officials in the community center.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Statement of each victim of D or E;

1. Investigation report (report on the reception of statements from victims), CCTV photographs;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the fact that the person is a repeated offense);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);