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(영문) 대구지방법원 안동지원 2014.11.07 2014고단691
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 30, 2014, the Defendant: (a) reported the banner related to the Sewol ferry sinking case, in which the phrase “I ambling to a fluent Republic of Korea”; and (b) filed a civil petition requesting the removal of the banner to the City Design Department for Permanent Viewing, but did not treat it as desired; and (c) made several objections.

On May 1, 2014, at around 10:20, the Defendant: (a) in the permanent viewing “A” as a viewing channel for permanent residence, the Defendant: (b) held one LPG gas transit (3kg) with one dangerous object, which was in custody of the Defendant’s house, and opened a valve and leaked, leaked gas; and (c) made public officials who were working there, “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh?

Then, the Defendant used gas in the second floor and hallwayed gas leakage, which caused approximately 30 minutes of noise, and caused disturbance.

Accordingly, the defendant carried dangerous objects and interfered with the execution of public duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to report internal investigation (No. 6 No. 5 of the evidence list);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Code [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties. [Determination of sentence] When considering the risk of an act committed by a defendant, the liability for the crime cannot be deemed to be light, but the defendant appears to have accepted and reflected his mistake, and appears to have been well-known and live for a considerable period since 1999, taking into account all the conditions stipulated in Article 51 of the Criminal Code.

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