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(영문) 수원지방법원 평택지원 2017.12.28 2017고단1053
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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On May 12, 2017, the Defendant: (a) made a mistake that the “electric rental house” that he won as a basic recipient was revoked; (b) made a phone call to the officer in charge of social welfare of the Pyeongtaek-si community service center to “I will die at present”; (c) made it known at the above C community service center located in Pyeongtaek-si E around 09:10 on the same day; and (d) went under the influence of alcohol, the Defendant was deprived of the recipient of basic living.

It will not be less than a year.

The knife shall be discarded by knife.

“Along with the attitude of 15 minutes, i.e., “A”, “D,” and “D,” and “D,” in which D had been seated, were threatened.

As a result, the defendant interfered with legitimate execution of duties of the public official's community service center.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by damaged public officials by telephone);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The nature of the crime obstructing the execution of official duties of this case is not less than that of the crime, provided that the defendant has no record of criminal punishment exceeding the fine for the last ten years, and that there is no record of criminal punishment by the defendant. - The defendant's health is not good and against his fault.

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