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(영문) 광주지방법원 해남지원 2016.11.03 2016고단315
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

At around 20:00 on April 30, 2016, the Defendant found Raber (17Cm in total) which is a dangerous object under the influence of alcohol in front of the office of the Maritime Affairs and Port Office located in the area of Maritime Affairs and Port Office in the area of Maritime Affairs and Port Office in order to prevent a public official C from entering the area of the office of the Maritime Affairs and Port Office from working there, and left the said Raber over the floor by putting the Raber into the floor and leaving the Raber on the floor, and 20 minutes off.

Accordingly, the defendant had dangerous objects and interfered with legitimate watchkeeping of military administration officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Drick photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on confirmation of statements by public officials of the military service-tel recording);

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Where the sentencing criteria apply [the range of recommending punishment] show the aggravated area (1 to 4 years from the date of obstruction of performance of official duties) (1 to the date of special detention] of group or multiple power, or carries dangerous objects;

2. The instant crime committed by the sentence of sentence is a dangerous thing, and the quality of the instant crime is not very good for threatening the public official in the process of performing official duties.

Although the defendant should be punished strictly, the punishment as ordered shall be determined in consideration of all the sentencing factors revealed in the trial process of this case, such as the fact that the defendant reflects his/her mistake, that there was no particular injury to the damaged public official, and that there was no other harm to the defendant's age, environment, criminal records, circumstances after the crime, etc.

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