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(영문) 인천지방법원 2018.07.13 2018고단3788
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 11, 2018, the Defendant listened to the fact that the Defendant’s labor income of the Defendant was reduced by the Defendant’s basic life-grade leisure from public official working-level D belonging to the above welfare center in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and then discarded it to D.

It shall be deducted from snow, snow, and snow.

The knife called knife "a knife" was threatened.

Accordingly, the defendant interfered with legitimate execution of duties concerning the payment of basic living benefits of public officials in charge of welfare.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (the analysis, etc. of voice files recorded by the C administrative welfare center E);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant intimidations a public official of the administrative welfare center, and the nature of the crime is not exceptionally considered in light of the content and object of intimidation.

The defendant has a history of criminal punishment nine times.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The Defendant was paid basic living benefits, and the post office received a daily work and received a notice that the basic life class was reduced due to income, and there is a reason to consider the circumstance that it was caused by the instant crime.

No record that a defendant was punished for interfering with the performance of official duties shall be used.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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