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(영문) 전주지방법원 군산지원 2018.03.28 2017고단744
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 March 6, 2017, the Defendant, in collaboration with C on March 13:50, 2017, brought the victim E’s house located in Gunsan-si, the Defendant, in front of the victim E’s house located in Gunsan-si, brought about the goods, such as one steel-frame, one steel-frame, two gas-type, two gas-types, one stuff, etc., at the market price equivalent to 100,000 won, which is the victim’s possession located in the said place.

C contact with C, and C has carried the above goods into the Fpoter cargo vehicle he drives.

Accordingly, the defendant stolen the victim's property together with C.

2. On April 5, 2017, the Defendant interfered with the performance of special public duties, on the ground that he purchased 2 punishment for the man-metric tons at the G community service center in Gunsan-si on April 5, 2017, and that he did not properly deliver the man-metric pumps, he assaulted at one time at the G community service center, saying, on the ground that he would disregard himself at the ordinary community service center, he added golf bonds (1m in total length) which are objects dangerous to the public officials sitting on the job, and “I would receive the 50,000 won of the man-metric fee from the disabled, the head of Dong and Dong, and 50,000 won of the 50,000 won of the Han-do, who is a public official of the G community service center of G (Y, 45 years of age) who is a public official of the G community service.

After all, the defendant carried dangerous things and interfered with the legitimate execution of duties concerning civil petitions by public officials in the G community center.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording of C’s statement in the seven-time public trial records;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to E and H:

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to on-site and CCTV photographs and fire-proof reports (related to on-site CCTV);

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) (special larceny) of the Criminal Act concerning facts constituting an offense, and Articles 144(1) and 136(1) (special larceny) of the Criminal Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).

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