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(영문) 대전지방법원 2013.05.10 2013고단1006
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:40 on March 4, 2013, the Defendant, while drinking alcohol to the Seo-gu Seoul community service center in Daejeon-gu, Daejeon, had a complaint about the failure to select as a basic livelihood recipient, and agreed to resist it. The Defendant, who is a public official, carrying out administrative affairs at the same time, stated that the victim D, who is a public official, should not be selected as a basic livelihood recipient, “hys the selection of a basic livelihood recipient,” put the victim’s breast part over one time by hand, and put the victim’s breast part over 10cc in preparation and preparation in advance, and obstructed the victim’s legitimate administrative affairs. In doing so, the Defendant interfered with the victim’s legitimate administrative affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of sentencing] : one month to seven years [special sentencing] - The degree of assault and intimidation is insignificant - The factors of mitigation: carrying dangerous articles (type 1): hand-on (type 1): The mitigated elements of punishment [the scope of recommendation] - The crimes of obstructing performance of official duties, obstruction of performance of official duties (type 1, obstruction of performance of official duties/performance of duties), basic areas, six months to one year and four months [the scope of suspension of execution] - The principal reasons for carrying dangerous articles - The degree of assault and intimidation is insignificant, minor reasons for punishment - The general witness reasons for punishment : the extent of suspension of execution more than twice: The serious reflectness; the defendant's health is very good before a sentence of imprisonment with prison labor for not less than one year; the defendant's imprisonment with prison labor for not less than two years; the defendant's imprisonment with prison labor for not less than five years; and the defendant's imprisonment with prison labor for not less than five years;

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