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(영문) 수원지방법원 안양지원 2015.06.18 2015고단83
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 15:30 on October 17, 2014, the Defendant demanded that E, a public health doctor (public health doctor) belonging to the pertinent correctional institution, who is in charge of the treatment of inmates, take charge of the treatment of inmates, take care of the outside of his/her authority, use during the day-time, and without permission, return of seized necks or change of his/her ward, and address the problem of the change of the ward. However, the Defendant demanded that E, who is a public health doctor in charge of the treatment of inmates, explain that he/she would resolve the grievance in accordance with the procedures, such as the consultation with the employees working in the confinement Dong or the official vice-principal, other than medical treatment, without complying with the Defendant’s desired response, without any medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to F and E;

1. A work report or an investigation report (Submission of photograph of the suspect's flapsy, as well as photographics);

1. The application of Acts and subordinate statutes to the photographic photo of a contingent disease held by a suspect at the time of the principal act [the defendant and his defense counsel claim that although the defendant has rootsd the water to E as stated in the facts constituting a crime of crime, it does not constitute an assault. However, an assault in the crime of obstruction of performance of official duties refers to an act of exercising tangible power against a public official executing official duties, and the defendant's act of spreading the water to a public health doctor constitutes an assault against a public health doctor, thereby hindering the performance

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 136 (1) of the Criminal Act for the choice of punishment;

1. Scope of recommendations: Imprisonment for one month to eight months; and

(a) Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) for the obstruction of performance of official duties (one month or August);

B. In a case where the degree of assault, intimidation, and deceptive scheme is minor, which is a special mitigation;

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