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(영문) 의정부지방법원 고양지원 2015.07.23 2015고단1283
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[Criminal Power] On June 5, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Goyang Branch of the Jung-gu District Court, and the said judgment became final and conclusive on December 12 of the same year, and completed the execution of the sentence in the 3rd Prison of the North Korean Peninsula on December of the same year.

【Criminal Facts】

At around 09:10 on May 24, 2015, the Defendant visited the Japanese Fire Fighting Station D 119 Safety Center located in Yongsan-gu, Yongsan-gu, Yongsan-si, Yongsan-si, and demanded a fire official E who is on duty to visit to work for the work to have a problem in the Japanese sewage treatment area adjacent to the Agricultural Cooperative.

Accordingly, the victim, the victim, was called to the NAF, the 632-gil 69, Goyang-gu, Goyang-gu, Goyangyang-gu, the defendant did not properly manage the sewage of the victim, and the defendant did not make a claim to the victim, and the defendant tried to listen to the victim's desire to listen to cleaning and viewing, and extracted lids for drainage, which are dangerous articles (40 cm, 50 cm in length, 40 cm in length, 50 cm in length), extracted the victim's shoulder on one occasion, cut down the victim's shoulder on one occasion, and assaulted the victim's shoulder on one occasion due to drinking continuously, and walking the victim's buckbuck area on several occasions.

In this respect, the defendant carried dangerous objects and interfered with the legitimate execution of duties of fire officials on civil petitions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Photographs of the victim and on-site photographs;

1. Previous convictions in judgment: Application of a inquiry inquiry report, such as criminal records, and statutes on the status of personal identification and confinement;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] The following evidence are comprehensively taken into account: (a) category 1 of the obstruction of performance of official duties (the obstruction of performance of official duties/performance of duties) and category 1 of the special aggravation area (1 to 6 years) (1) and group or multiple power or carry dangerous objects (1 type), and (b) the same repeated offense (decision of sentence] duly adopted and investigated by this court.

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