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(영문) 서울중앙지방법원 2016.07.13 2016고단1586
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 17, 2015, the Defendant applied for medical expense support at the D community service center located in Gangnam-gu Seoul Special Metropolitan City, Seoul on November 17, 2015, and from E who is a public official belonging to the said center, the Defendant heard that he/she should receive an application for medical expense support directly to the Medical Insurance Corporation.

It was difficult to avoid disturbance, such as taking a bath.

Since then, the defendant who is a public official belonging to the above center "I will talk about the business speech only, and I will not desire the employees.

The term “I” and the Defendant are referred to as “I” and the F is referred to as “I” to the said F.

“In doing so by hand, the F was pushed down with the said F’s timber, and the F was assaulted by having the said F’s chest part by hand.

As above, the Defendant interfered with the legitimate execution of duties related to the civil petition affairs of the above F community service center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Relevant provisions of the law regarding criminal facts, Article 136(1) of the Criminal Act regarding the choice of punishment, reasons for sentencing of imprisonment [the scope of recommending punishment] [the grounds for obstructing the performance of official duties] [the decision of sentencing] / [the defendant is sentenced] / The defendant has been sentenced to criminal punishment for the same and similar crimes and violent crimes several times, and has been sentenced twice twice in 2015 due to obstruction of duties, etc., even though he/she was sentenced to suspended sentence twice in 2015, he/she committed the crime of obstructing the performance of official duties in this case during the suspended sentence period without good cause, and there is no reason to consider the motive for the crime, it is inevitable to sentence sentence on the defendant.

Provided, That the punishment as ordered shall be determined within the scope of the sentencing criteria in consideration of the fact that the accused makes a confession of crime and other various circumstances, such as the age, environment, etc. of the accused.

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