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(영문) 광주지방법원 순천지원 2014.07.16 2014고단91

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person engaged in landscaping business.

1. On August 27, 2013, the Defendant filed a civil petition for confirmation of the production of pine trees with the 4th floor C office of the Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung (Ssung) on the 16:25th day of the 2013.

The Defendant, on the ground that the said victim filed a request for additional documents because the landowner and the person confirming the production of pine trees did not coincide with each other, committed an act of assaulting D, such as 2 to 3 times the face of 2 to 3 times in one hand, and consecutively, “I do not do so, but do not do so,” and obstructed the legitimate performance of duties by public officials of Bosung-gun C in the Bosung-gun Office, by assaulting D, i.e., when the head and shoulder are 2 to 3 times in one hand.”

2. At around 17:30 on August 29, 2013, the Defendant: (a) expressed that, with respect to a civil petition filed by the Defendant for the confirmation of the production of pine trees at the fourth floor C office of the Sungsung-gun, Bosung-gun, Bosung-gun, the Defendant obstructed the legitimate performance of duties by the public official of the Bosung-gun, Bosung-gun, by assaulting the Defendant, such as flaping the flap and blaping the flap; and (b) doing so on the ground that E, a public official in charge, was carrying out a field investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, 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 on the suspended execution (Consideration, such as the reflection of the accused and the fact that damaged public officials do not want the punishment of the accused);