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(영문) 전주지방법원 정읍지원 2016.07.19 2016고단35
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 23, 2015, at around 14:25, the Defendant: (a) visited C Eup/Myeon civil petition office located in B, and sought to issue a certificate of personal seal impression with respect to the seals held by the Defendant to D who is a public official in charge of the C Eup/Myeon office; (b) however, the Defendant, who is a public official in D and C Eup/Myeon office, sought to obtain a certificate of personal seal impression with respect to the seals held by the Defendant; (c) provided that “A public official in D and C Eup office, who

In this regard, the Defendant: (a) threatened D and E with “I will d and E abandon gasoline,” and threatened the Defendant with the disturbance that the Defendant had, set up several times on the floor of the above public service center; and (b) d with the remainder of the column.

Accordingly, the Defendant interfered with the legitimate execution of duties related to the seal imprint of public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Reports on internal investigation (23 pages of investigation records), investigation reports (public officials'D telephone statements hearing reports);

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture [the scope of recommendations] When there are many public officials suffering from the aggravated area (one year to four years of imprisonment) (one year to four years of coercion of performance of official duties) [the person subject to special aggravated punishment] [the decision of sentence] the defendant has a record of having been punished several times due to violent crimes. In particular, the defendant committed crimes such as preparation of buildings existing in the C Eup/Myeon office in 2010, prevention of fire, interference with special execution of official duties, obstruction of performance of official duties, damage to public goods, etc., and has a record of being sentenced to imprisonment with labor for one year.

Nevertheless, the defendant committed the crime of this case by putting in the same public office any disturbance and any disturbance and intimidation, etc., and by threatening to do so, the defendant committed the crime of this case.

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