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(영문) 창원지방법원 거창지원 2020.06.10 2019고단409
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 July 25, 2019, at around 15:00 on July 15, 2019, the Defendant: (a) a mail (electric tax notice) was drawn from Gohap-gun C and a house exhauster D belonging to Gohap-gun C, and (b) a victim was requested to provide a traffic-related service to the victim prior to the summary, but was refused to do so; (c) the Defendant expressed the victim’s desire to read “this spawn .. Ba. Ba. Ba. Ba. Ba.” and pushed the victim’s life part by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the delivery of postal items by the crew.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of reference witness of the prosecution concerning D;

1. Examination of the accused's suspect;

1. Statement made to D by the police;

1. In full view of the fact that the investigation report (on the spot image of the victim) (the defendant merely expressed the victim's desire to take a view, and that there is no scambling part by hand, but the victim consistently states the fact of damage from the investigation agency to the investigation agency to this court, "the defendant was scambling with the victim while scambling the victim," and the fact of damage is consistently stated, and the victim's photographed with the victim's photographed image, etc., the defendant can be acknowledged as having interfered with the execution of official duties by smuggling the victim's scambling part by hand as stated in its reasoning).

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties [Type 1]/ Forced performance of official duties [Special Convict] mitigated elements: In cases where the degree of assault, threat, deceptive scheme, or obstruction of official duties is insignificant (the scope of the recommended area and the recommended sentence] mitigated range, and imprisonment for not more than eight months;

2. The decision of sentence shall be made by the defendant who takes the floor to question him;

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