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(영문) 창원지방법원 2018.09.12 2018고단1877
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2018, around 15:00, the Defendant parked the Defendant’s vehicle car in the factory in the vicinity of the factory located in B of the Changwon-si, Changwon-si, but received a text message that the Defendant kept the Defendant’s license plate of the said car in custody due to the unpaid automobile tax from D office.

The Defendant purchased gasoline at a gas station located in E between around 16:00 and around 16:30 on the same day, and stored gasoline in 1.8 liters, and found it to the D office located in F in the counter of Changwon-si around 16:50 on the same day.

The defendant uses pets containing gasoline, which is a dangerous thing in D office, and then leaves a fluoring of fire.

“In the course of intimidation, it is impossible to pay automobile tax to public officials G of Grade 6 in Changwon-si, who are in charge of the duties of keeping the vehicle license plate in custody, due to the typhoons that occurred in 2016, and demands a return of the automobile license plate. However, in order to answer the answer that a part of the automobile tax may be returned from the said G, even if possible, a part of the automobile tax was paid from the said G, and intimidation, such as by opening a lid of the paint’s lids to spread the gasoline on the floor and frighting it into the bottom.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the keeping of the vehicle number plate of G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Reports on internal investigation (verification of the place of temporary holding of car number plates);

1. Response to a request for appraisal;

1. Application of statutes on site photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the person carries dangerous articles (a person subject to special sentencing) in the aggravated area (one year to four years) (one year to four years) (a person subject to special sentencing) within the scope of interfering with the performance of official duties in the sentencing guidelines [the scope of recommended punishment];

2. Determination of sentence;

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