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(영문) 서울북부지방법원 2017.05.11 2017고단828
공무집행방해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 28, 2017, the Defendant: (a) requested a public official E (36 tax) in charge of social welfare affairs at the D community service center located in Dongdaemun-gu Seoul Metropolitan Government on February 28, 2017; (b) but refused to appoint a social welfare appointment; (c)

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"At the same time, the victim's face was left by drinking to the left hand two times."

Accordingly, the defendant interfered with the legitimate execution of duties concerning the civil petitioner response of the public official in charge of social welfare center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. As to the Defendant’s assertion of Article 62(1) of the Act on the Suspension of Execution, the Defendant and his defense counsel asserts to the effect that the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of the

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The grounds for sentencing [the scope of recommended punishment] The sentence of sentencing shall be determined as the same as the sentence, comprehensively taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, etc., in the basic area (from June to June), the basic area (the obstruction of the performance of official duties and the coercion of duties) and other conditions of sentencing as shown in the records.

- The recognition of the crime and its reflect that there have been a number of records of punishment due to the nature of crime, poorness, violence, etc., as well as that of fines due to the damage of public goods;

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