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(영문) 부산지방법원 2017.01.26 2017고단79
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On December 29, 2016, the Defendant: (a) around 13:20 on December 29, 2016, the Defendant: (b) carried a stude to block metal (an amount equivalent to 120cm in total, 5cm in diameter) which is a dangerous object with respect to which the basic livelihood cost is not paid at the D community service center located in Busan, Seo-gu; and (c) thereby getting signed 1,106,940 won in office PC in amounting to 486,610 won in market value; and (d) 1,793,550 won in total equivalent to 200,000 won in market value.

Accordingly, the defendant damaged public goods.

2. The Defendant interfered with the performance of special official duties at the same time and place as the above paragraph 1 of this Article, on the grounds as Paragraph 1 of this Article, destroyed or threatened public officials E, F, and G, who worked at the above community service center, with a view to h who is a public official working at the above community service center to refrain from e, F, and G, with a view to h, who is a public official, serving at the above community service center.

Accordingly, the defendant, who is a public official of the above community service center, interfered with legitimate execution of duties related to the affairs of the community service center E, F, G, and H

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Investigation report (applicable to any omission from the examination of basic livelihood benefits for a suspect), investigation report (a statement by a public official in charge in charge of the examination of basic livelihood benefits for a suspect A);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on screen pictures of each photograph, and data relating to payment of cost of living;

1. Article 141(1) (the point of causing damage to goods for public use), Article 144(1), and Article 136(1) (the point of obstructing the performance of special official duties) of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the contents and nature of each of the crimes of this case are considerably poor, and the defendant is related to violence.

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