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(영문) 창원지방법원 통영지원 2015.06.19 2015고단264
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 10:40 on March 3, 2015, the Defendant found C, a public official of C, who is the public official of C, did not respond to the Defendant’s civil petition 30 minutes prior to the 30 minutes prior to the C's public petition at the C's office located in the C's office in the C's area in the C's area in the C's area in the C's area in the C's area in the C's area in the C's area in which C was able to respond to the Defendant, and thereby interfered with the legitimate execution of official duties in relation to the handling of civil petition affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. E statements;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Scope of the recommended sentence according to the sentencing guidelines - The basic area of the obstruction of performance of official duties (from June to April): Decision - Decision 2 that there is no special person: The unfavorable one: The nature of the crime in the background and means of the crime is not easy; the defendant does not want the punishment due to an agreement with the damaged public officials; the defendant does not want the punishment; the defendant is against the defendant; the sentencing conditions as mentioned above; the defendant's age, character and conduct; and the circumstances shown in the arguments of this case, such as the environment, shall be determined as ordered by the order, comprehensively taking into account all the circumstances revealed in the arguments of this case.

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