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(영문) 청주지방법원 2019.08.21 2019고단1305
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 15:20 on June 14, 2019, the Defendant sent the attitude of Cheongju-si 2nd floor construction and office of Cheongju-si, Cheongju-si as to the Defendant’s application for a construction permit, the Defendant raised complaints against D (n, 27 years of age)’s request for supplementation, which is a public official in charge of the construction permit belonging to Cheongju-si, and Do to D, “I will cause death or death,” and left D’s house to the floor by gathering civil petitioners who are belonging to Cheongju-si, and “I will not cause death or death, and will die,” and “I will remove knife and die” and “I will remove kn if I will die and die, and will interfere with the construction permit and repair of Cheongju-si and civil service officials belonging to Cheongju-si, and will interfere with the construction permit and repair of Cheongju-si, who are public officials belonging to Cheongju-si, and will interfere with D’s legitimate performance of duties.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act for the crime (the point of obstructing performance of official duties and the choice of imprisonment), and Article 366 of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1 and 2 (Determination of Punishment) (Obstruction of Performance of Official Duties) / [No. 1] Performance of Official Duties / Forced Performance of Duties / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months

B. Type 3 crimes (determination of types), destruction of property (determination of types), damage of property [Type 1], recommendation area, such as damage of property, and recommendation area.

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