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(영문) 의정부지방법원 2016.04.07 2015고단4784
특수공무집행방해등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

The seized gasoline and insignia shall be distributed, each of which shall be 1.

Reasons

Punishment of the crime

1. The Defendant interfering with the performance of special official duties at D convenience stores located in Gyeonggi-si, Namyang-si, Gyeonggi-do, on December 1, 2015. At D convenience stores, at the request of the said building owner E, the Government District Court Decision 2014Ga group 36375 decided on December 1, 2015. The Defendant: (a) thrown away 10 persons, such as F enforcement officers belonging to the said court, executive officers G, etc., “I thrown away gasoline.”

“After speaking, the gasoline shall be purchased in the nearby gas stations, return to the Defendant’s body and the inside floor of the convenience store, and the Defendant’s body and the convenience store shall be placed up, and the Defendant’s execution of the surrender shall be without permission.

(c) throwl away.

“Intimidating”.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of enforcement officer's compulsory execution.

2. The Defendant, in preparation for fire prevention of the present state building, at the time and place specified in paragraph 1, reported that the enforcement officers belonging to the Jung-gu District Court on the above convenience points were being executed with evacuation. However, in order to prevent the above building, the gasoline purchased as above for the purpose of extinguishing the building to the Defendant’s body and convenience store, and then “influence execution without permission.”

(c) throwl away.

“Along with the fact that he was in possession, she laid off the son and puts a fire on the above building, he was subject to the restraint against H in the process of executing the evacuation within the above convenience point.

As a result, the Defendant prepared a fire prevention against a building in which people exist.

Summary of Evidence

1. Legal statement of witness E, G and H;

1. Partial statement of a witness I;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) of the Criminal Act for the crime, the choice of punishment (a point of obstructing special official duties, choice of imprisonment), Articles 175 and 164(1) (a) of the Criminal Act for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The defendant and the defendant.

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