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(영문) 춘천지방법원 영월지원 2015.03.20 2014고단617
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2014, at around 09:50 on November 3, 2014, the Defendant: (a) made a clause on the seizure of delinquent taxes, such as voice that “I will not recover KRW 649,800 of the land tax due to the absence of work, and seizure is made on apartment in an amount equivalent to KRW 500,000,000 which is equivalent to KRW 500,000,000,” and (b) sought an explanation on the seizure circumstances from the director E of the management division of delinquent taxes who is a public official of the C military office.

피고인은 위 설명을 듣고 이해하지 못하여 C군수와의 면담을 요구하였다가 같은 날 11:18경 위 C군청의 부군수 사무실에 위 E과 함께 들어가 C군 부군수와 면담을 하던 중, E이 피고인을 쳐다보자 “뭘 잘한 게 있다고 째려 봐.”라고 소리치면서 손으로 E의 코를 1회 잡아 비트는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning civil petition handling affairs of public officials belonging to C military administration.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor in the area of mitigation (one to eight months) (special mitigation) of the area of obstruction of performance of official duties, the degree of assault is not serious, and the victim does not want the punishment of the defendant, the victim does not want the punishment of the defendant, there is no same kind of criminal records, and other conditions of sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the sentence is determined as ordered within the scope of recommendation and the execution of the sentence is suspended.

It is so decided as per Disposition for the above reasons.

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