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(영문) 광주지방법원 2016.09.22 2016고단2200
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2015, the Defendant: (a) entered the exit room of the C Myeon Office located in the Namyang-gun E, Namyangyang-gun, the president of the C Myeon Office (57 tax) around 16:00, for the reason that the Defendant was not involved in the establishment of the Association; (b) entered the exit room of the C Myeon Office located in the Namyang-gun, Namyang-gun, the Defendant got sound to the victim who was in charge of the business; and (c) was collected into the chest of the victim who was in charge of the business; and (d) went into the body of the victim by making the victim’s breath and drinking with the breath’s hand.

On the other hand, other employees continued to have their face-to-face room and the defendant were able to knee in front of the customer, and the knee of the victim was faced by the knee.

As a result, the defendant interfered with legitimate execution of duties concerning the internal affairs of the Myeon Office, and at the same time, the victim suffered injuries such as salt pans, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Each police statement concerning F, G, H, I, J, K, and L;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is poor in light of the motive and circumstance of the Defendant committed the instant crime. However, the Defendant has no criminal record of suspended sentence for the last ten years or more, deposit KRW 5 million for the victim and agreed smoothly with the victim, and all other circumstances constituting the conditions for sentencing as shown in the instant pleadings, including the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered.

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