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(영문) 대전지방법원 천안지원 2016.02.18 2015고단2195

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 9, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) around 14:40 on April 9, 2015, at the Do-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City community service center located in Nam-gu, Chungcheongnam-gu, Seoul; and (b) sought a public official in charge of the basic supply and demand of the above community service center; and (c) on the other hand, there was no rice for the said public official

“Along with sound, the public office was able to avoid disturbance for about 15 minutes while under the influence of alcohol, such as putting a guide book on the place of civil petition application documents, and walking with water purifiers and self-readers.

2. On April 30, 2015, the Defendant interfered with the performance of special duties, at the above D community service center around April 15:00, and the same month.

9. Whether the welfare cards for the disabled for which the application for issuance was filed are not yet issued to E in charge of social welfare for reasons that they were not yet issued;

On the ground that the victim F, who is a public official of class 9 belonging to the same team, prevented the defendant and released out of the above community service center, while taking a golf bond, which is a dangerous object in which the defendant was loaded on the bicycle on board, and selling it out of the above community service center, the part of the above golf bond F, etc., at one time, interfere with the legitimate performance of duties concerning the social welfare civil affairs of the public official of the community service center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the victim's photograph;

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of special duties, the point of obstructing the performance of duties, and the choice of punishment) concerning the crime, and Articles 144 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of duties, and the selection of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Sentencing criteria;

(a)a type of interference with special performance of official duties [the scope of punishment for recommendations] shall be interference with execution of official duties (the interference with and coercion of duties).