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(영문) 수원지방법원 2018.03.26 2017고단7893

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:30 on August 7, 2017, the Defendant reported to 112 on the following grounds: (a) at the E-Gu office located in Suwon-si, E-Gu, E, E, F, public officials belonging to E, G and civil petition consultation; (b) on the ground that construction and public officials belonging to E, F, and G, who are public officials belonging to the same division, could not be allowed to grant construction permission applied by the Defendant; and (c) on the ground that it does not sufficiently explain the reasons, the Defendant voluntarily reported to 112 on the E-Gu office, and (d) reported on the said F, G, and G’s personal intent to take care of the construction of E-Gu office, “the death and death,” “the death and death,” and led the F, while going to G, led to any danger and injury to F, G’s body, reputation, etc.

Accordingly, the Defendant interfered with legitimate performance of duties concerning administrative and civil service handling related to construction permission of F and G, and damaged things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to G and F;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning facts constituting an offense (the point of impairing goods for public use);

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

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case with the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is deemed to damage goods used by the Gu office as well as to threaten public officials belonging to the Gu office. The confession of the crime of this case is contradictory to the nature of the crime of this case, the confession of the crime of this case has no record of punishment for the same kind of crime, the damage to the