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(영문) 창원지방법원 밀양지원 2015.09.03 2015고단231
특수공무집행방해등
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

1. On May 8, 2015, the Defendant: (a) assaulted the victim B, who was a public official of C, to whom the disability pension was reduced due to the change of the disability grade; and (b) assaulted the victim B, who was a public official of C, to whom he belongs, in a manner that the victim B was collected from the victim B, and thereby interfered with the legitimate performance of duties by the public official of C.

2. obstruction of performance of official duties against the victim D, and the victim victim D, at the date, time, place, and place of the above Paragraph 1 above, immediately after the assaulting of B, the victim D, who was a public official of C, made the victim victim D, who had the victim flicked with the victim victim D face and prevented him.

In this respect, victims D have caused unfortunate gamblings and interfered with legitimate execution of duties at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Each report on investigation;

1. Application of each photograph and CCTV image Acts and subordinate statutes;

1. Articles 144(1), 136(1) of the Criminal Act of the relevant statutory provisions concerning criminal facts, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 257(1) of the Criminal Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the first offender, the fact that punishment is not applied, and the fact that the health is not good, etc.);

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

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