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(영문) 전주지방법원 2020.10.28 2020고단690

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

On June 29, 2019, around 17:57, at the center of Kim Jong-si, 40 Kim Jong-si, the defendant thought that the civil petition work by the staff B belonging to Kim Jong-si was biased, and then the defendant threatened the above viewing staff by attaching to the above gasoline lid, or by using agrochemicals, as if the defendant did not take account of the defendant's demand, such as displaying the gasoline lid which was prepared in advance, "Gim market and machine salper," and opening a lid which was prepared in advance, "Fim market and machine salper" to the employees B belonging to Kim Jong-si, and the above viewing staff.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties concerning the protection of the above public officials' office buildings and the handling of civil petitions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. Application of investigation reports (including attachment of CCTV photographs), CCTV photo-printeds, and CCTV storage-related Acts and subordinate statutes;

1. Articles 144 (1) and 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the Defendant: (a) formed a fear to public officials who perform their duties by putting gasoline, pesticide disease, and disposable bags in Kim Jong-si; and (b) formed a fear to public officials who perform duties by committing a tension; and (c) the fact that the nature of the crime is not good is unfavorable to the Defendant.

However, there is no direct harm to the public officials, public officials seek the action against the defendant, there is no record of criminal punishment in addition to a single fine, and the age of the defendant;