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(영문) 청주지방법원 충주지원 2019.01.25 2018고단682

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 12:50 on November 2, 2018, the Defendant, at the office of the C Department located in the C Department in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (a) took a precautionary measure in advance; (b) took place; (c) “The President expandss welfare; (d) the public officials belonging to the said community service center will be given to E, who are public officials belonging to the said community service center; and (e) expressed that the public officials, including the above E, will be given birth.” (e.g., whether the public officials, who are going to go to the Republic of Korea, will be given birth; and (e) intimidation the above E by doing harm by doing so on several occasions.

Accordingly, the defendant carried dangerous things and interfered with the legitimate performance of duties concerning the welfare of public officials in the community service center.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of crimes, tools, etc.;

1. Records of seizure and the list of seizure;

1. Statement to E by the police;

1. -Application ofCCTV image CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

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

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The sentencing criteria [Scope of Recommendation] the basic area (referring to June to 16) of the obstruction of performance of official duties (referring to the person who is specially mitigated) (referring to the person who is specially mitigated (referring to the person who is specially mitigated) / Where a serious injury occurs) / Where a person shows a threat of force or carries dangerous articles (referring to the category 1) : The sentencing range compared with the sentencing range and the recommended sentencing range: six months to one year and six months;

2. In the event that a public institution carries a deadly weapon prepared in advance to determine the sentence, and thereby commits an offense. A public institution used by many citizens carries a deadly weapon and commits a crime, etc., and is highly likely to commit an offense. In light of these circumstances, the public institution selects imprisonment with prison labor, but expresses the circumstances of the offense, the intention of the damaged public official not to want the punishment of the defendant, and the record of the offense, and the crime after