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(영문) 대전지방법원 2016.09.02 2016고정651
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an unqualified person.

On March 10, 2016, the Defendant interfered with the social welfare affairs of the victim by assaulting the victim E (Nam, 48 years old) who was a public official belonging to the Dong community service center in charge of basic livelihood security, on the ground that the Defendant did not pay the living expenses of the recipients of basic livelihood security within the Dong community service center located in Seo-gu Daejeon-gu Daejeon, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing photographs, CCTV video recording and video CDs;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, the defendant's economic situation is difficult as a person with a disability in the sixth degree, and the defendant has no criminal power for the last thirty years, etc. are favorable to the defendant.

However, the crime of this case is an unfavorable circumstance to the defendant, where the defendant avoided disturbance with regard to the payment of welfare benefits, and the responsibility for obstructing the performance of duties by assaulting a public official in charge of welfare service, and the defendant took a bath and assaults using stick, etc.

In full view of such circumstances and other circumstances as the conditions for sentencing as shown in the record and arguments, the sentence shall be determined as ordered in consideration of the amount of the fine imposed by this court and by each court of the whole country in a similar case.

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