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(영문) 대구지방법원 김천지원 2017.11.14 2017고단1245
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

On July 5, 2017, the Defendant: (a) around 17:50 on July 5, 2017, within the public service center of the D office located in Kimcheon-si, Kimcheon-si; (b) on the ground that the employees of the said public service center do not accept the Defendant’s civil petition related to the relocation of the cemetery; and (c) to E, who is an employee of the civil petition room, the Defendant

“Along with the expression “,” and the expression of the person’s will, as well as threatening the person’s will, and assault and intimidation, such as gathering the floor on the floor, thereby interfering with the legitimate execution of duties of the public official in the above civil service center.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for the sentencing below) was that the Defendant interfered with the performance of official duties on the grounds that the Defendant did not accept a civil petition related to the relocation of a cemetery, who expressed a will to the staff of the Myeon Office, collected the will, or was sculpted.

The Defendant had a record of criminal punishment on three occasions for violent crimes, and in particular, the Defendant was punished by a fine at the police box prior to the month when the instant crime was committed.

Although the defendant discussed that he should suppress civil petitions related to the opening of graveyards, he is against the crime of this case itself.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the degree of the exercise of the accused’s tangible force; the background leading to the instant crime; the health status of the Defendant, who is a class 3 of the intellectual disability, as well as the age, sex, family relationship; and the circumstances after the crime.

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