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(영문) 대구지방법원 서부지원 2016.06.17 2016고단801
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Around 16:50 on May 13, 2016, the Defendant requested E, a person in charge of issuing a resident registration with the intent to receive a work bonus in the name of the child using the abstract of the child’s resident registration at the Do community center in Daegu-gu C, Daegu-gu, to issue an abstract of the child’s resident registration. However, upon hearing the answer that “the Defendant shall not issue a abstract of the child’s resident registration because he/she resides together with the Defendant’s former domicile in the situation of divorce,” the Defendant expressed the desire to “Igh and dwarm will not be caused” to the above E, and assaulted the above E by taking the chair into the head, and putting him/her on the floor.

Accordingly, the defendant, who is a public official, interfered with legitimate execution of duties concerning the above E civil petition handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da11448, Jun. 1, 201)

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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