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(영문) 대구지방법원 2018.07.13 2018고단1653
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2018, the Defendant tried to file a civil petition related to the sewerage construction works conducted in the vicinity of his/her residence at the D community service center located in Yongcheon-si, Seoul around 12:00, but after the point of time, he/she went to the end that he/she was coming after the point of time, and around April 13:00 on April 3, 2018, he/she returned to his/her body the gasoline, which is a dangerous object that he/she had returned to the said community service center, and then went to the E and F in charge of civil service, who is working there at the same time.

B. It shall be dead and ppuri.

“In doing so, I tried to put a dog, which is a dangerous object in advance, in hand, to hand off the dog and put it into his hand, and were subject to the control of the public officials who had been at this time.

Accordingly, the defendant carried dangerous objects as above and threatened public officials working in the above community service center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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. In the crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the method of sentencing is very dangerous, but it is decided as ordered by the sentence of suspension of execution in consideration of the following: (a) the defendant reflects his mistake; (b) there is no record of punishment beyond the same kind of crime or fine; and (c) damaged public officials E and F do not want the punishment of the defendant.

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