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(영문) 춘천지방법원 속초지원 2016.04.15 2015고단635
특수공무집행방해등
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

1. On December 4, 2015, the Defendant interfered with the performance of special public duties: (a) entered the DD community service center located in Johcho-si, Seocho-si, with a complaint about the fact that the Defendant does not pay Kim Kim Kim Kim Kim Kim Kim Kim to the said D community service center; (b) stated that “the beneficiary is at the first place of public administration,” and “the beneficiary is at the first place of public administration,” and expressed a large voice, namely, a dangerous object brought from the Defendant’s home, and threatened the Defendant with a hon mon ( length of 92cc, one-day, one-day), which is a public official working in the said community service center, with a view to two times the computer monitors and books before the said E.

Accordingly, the defendant carried dangerous things and interfered with legitimate execution of duties related to the above E's resident registration.

2. The Defendant damaged public goods at the time, at the place specified in paragraph 1, and at the same time and place as above, damaged one monitor (TG 30,000 won) at the market price of 230,000 won, and one book (146cm x 50cm) at the market price of 70,000 won at the above community service center. Accordingly, the Defendant damaged goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to photographs interfering with special performance of official duties;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) and 141(1) (a) (a point of obstructing the performance of special official duties) of the Criminal Act, the choice of imprisonment with prison labor for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

1. As to the defense counsel’s assertion of Article 48(1)1 of the Confiscation Criminal Act, the defense counsel at the time when the Defendant committed the instant crime was under the influence of alcohol.

The defendant presented his statement to the effect that he was in a state of mental or physical weakness or loss of mind and body, and therefore, according to the records of this case, the defendant was examined.

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