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(영문) 대전지방법원 천안지원 2013.07.11 2013고단594

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 25, 2013, the Defendant: (a) around 22:20 Asan City, 1626, Asan City, 1626, Asan City, on the ground that Asan City does not resolve its civil petition; (b) linked to an agricultural tesch Rexroth, carrying about about 3t of foul waste and discharged foul waste in about 50 meters in the viewing premises; (c) the traffic administration division, the public official C belonging to the public relations office, and D public official belonging to the public relations office, who was on duty in the above viewing activities, attempted to stop the Defendant; (d) the improvement, which is a dangerous object in the operation seat of the Bosch Rexter, (e.g., 30cm in length, 12cc in length and No. 1), and (e) the above public official, who was landed from Esch Rexter, thereby threatening the public official to maintain the safety of drinking and drinking environment; and (d) the public official, as the public official’s wishes to drive from the jurisdiction, shall 20 meters and sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutor's office and police statement concerning D and C;

1. On-site photographs, deadly weapons and photographs;

1. Application of the existing Acts and subordinate statutes of one metreuted (No. 1) to seized parts;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Selection of penalty: Imprisonment;

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

1. In view of the fact that a public official on duty on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act threatens to improve his/her environment and that he/she released foul waste to a public office building, the execution of the punishment shall be suspended by taking into account the following circumstances: (a) although the nature of the crime and the circumstances are not less than that of the crime; (b) the Defendant has led to the confession of the crime; (c) there was no history of punishment exceeding the fine; and (d) there was no history of being punished; and