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(영문) 전주지방법원 정읍지원 2019.05.23 2019고단30
특수공무집행방해등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2018, the Defendant: (a) at the Central Viewing Council Office, in relation to the closure of a road, the Defendant did not carry out his request while meeting with public officials related to B market C and B in relation to the closure of the road; (b) was collected from the chair of the iron sheet located in front of C, and laid down the bottom of the table.

As a result, the Defendant carried dangerous articles and interfered with the legitimate execution of duties for the public gathering of public opinion in the B market, and at the same time damaged the tables of 145,00 won at the market price in the B viewing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police statement made to D, E, F, G, and H;

1. Written estimate;

1. Application of statutes on site photographs;

1. Articles 144(1), 136(1) (special obstruction of performance of official duties) and 144(1) and 141(1) of the Criminal Act concerning facts constituting an offense;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the injury of a thing for common use, which is heavier than punishment;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First offense (Special Obstruction of Performance of Official Duties): The basic area of the obstruction of performance of official duties (No. 1) and six months to one year and six months;

(b) Crimes of obstruction of the performance of official duties (special crimes of invalidity of public goods).

(c) Scope of recommendations according to the standards for handling multiple crimes: Six to two years of imprisonment (the maximum of crimes No. 2).

2. The sentence is the same as the sentence, taking into account the following circumstances under which the sentence was rendered and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed.

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