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(영문) 수원지방법원 2020.07.24 2020고단1168
공무집행방해등
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

Around 16:45 on September 24, 2019, the Defendant left the victim’s left face with the Defendant’s fault at around 16:45, on the ground that the victim D (year 40) who is a public official belonging to the Si of Masung (year 40) committed the Defendant’s illegal act of farmland in the past, the Defendant, who is a public official belonging to the Si of Masung, was living in the victim’s place in the above administrative welfare center.

As a result, the defendant interfered with legitimate performance of public duties concerning public officials' administrative affairs, and at the same time, the defendant injured the victim, such as high-centered art, which requires medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Scenese images stored in the F and G statements, CCTV images extracted photographs;

1. A medical certificate of injury and photographs of the part of the injury [Judgment on the assertion of the defendant and his/her defense counsel]

1. Although the gist of the argument is that the defendant recognized that he was the victim as stated in its reasoning, it cannot be recognized that the victim provided the cause by wrong administrative disposition, and that the execution of official duties was obstructed because the victim did not have any public official who provided the cause in good faith, and thus, the criminal intent is denied. In addition, it is difficult to recognize that the high-abscopic scopic scopic scopic scopics

2. The offense of obstruction of performance of official duties as stipulated in Article 136 of the Criminal Act is an abstract dangerous offender, and there is no need to occur a result of obstructing the execution of official duties.

Meanwhile, in the crime of obstruction of performance of official duties, the term "execution of official duties" does not only refer to the time when a public official actually performs the necessary act, but also includes the time when the public official is working for the performance of his/her duties, and further does not carry out specific duties.

Even if he/she can be seen as the execution of his/her duties even if he/she sits on his/her own.

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