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(영문) 대구지방법원 포항지원 2015.10.07 2014고단1313
공무집행방해
Text

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

However, 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

The defendant had filed several complaints with E-Myeon Office located in Nam-gu D at the time of port, on the ground that the defendant's resident in Nam-gu C at the time of port, and that the defendant did not settle the civil petition that solves water from the ceiling inside the defendant's residence.

On November 25, 2014, at around 13:30 on November 25, 2014, the Defendant: (a) 13:30, the Defendant sent a phone call to the above E-Myeon office, and (b) f (the age of 44) of the victim F (the resident welfare leader of the above E-Myeon office) who was the resident welfare leader of the above E-Myeon office, called “water sand in the ceiling”; (c) although the method was resolved by the victim, the Defendant was unfolded as he did not have been aware of the method; and (d) flick and knicked, “I am the victim f, who was found in the above E-Myeon office,” and “I am off the mother who was used to be f.” and f. I am off the face of the victim at one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning F's civil petition handling affairs, who is a public official of E-Myeon office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Punishment, etc. of Violence that has been punished several times in relation to the defendant, or consideration of the fact that the relevant public official wants the defendant to take a preference against the defendant, or that there is no record

1. Social service order under Article 62-2 of the Criminal Act;

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