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(영문) 창원지방법원 마산지원 2018.01.05 2017고단758
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

On March 9, 2017, the Defendant: (a) around 17:40 on March 9, 2017, at the D community service center located in Changwon-si Member C of Changwon-si; (b) without any reason, the Defendant, without the influence of alcohol, sounded the public official E belonging to the above community service center “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

The Defendant continued to gather monitors in front of E, thereby getting off on the front book of E, and again intending to get off E by gathering them.

Accordingly, as the above E is, the defendant threatened to interfere with the performance of duties concerning the social welfare affairs of public officials in the community service center.

On July 21, 2017, the Defendant, around 19:30 on July 21, 2017, performed drinking together with the victim H (56 years of age) in a park located in Changwon-si G in Changwon-si, Changwon-si., the Defendant, on July 21, 2017, suffered an injury on the part of the victim, who was suffering from the fluoral disease that the victim fladed on the ground that she would go against himself/herself, to the left side of the damaged person, caused an injury on the part of the left side, which requires approximately two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A medical certificate;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant legal provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) of the same Act concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Reference Criteria [Scope of Recommendation] - Basic area (Interference with the performance of official duties and coercion of duties) of Type 1 (Interference with the performance of official duties and coercion of duties) - Special Injury and Handling of Many Crimes without sentencing Criteria: Recommendations of the above minimum [Special Sentencing]

2. The defendant who has a record of serving a sentence in multiple times and has been punished by the sentence with the victim.

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