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(영문) 서울동부지방법원 2019.09.06 2019고단538
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 8, 2019, the Defendant lost the land for resident tax and local tax at the Gangdong-gu Seoul Metropolitan community service center located in Gangdong-gu Seoul, Gangdong-gu, Seoul, and asked the Defendant about it. The Defendant was able to have the face of D from the local administrative library attached to the above community service center to listen to the speech that he/she does not handle his/her business at the community service center from the local administrative library attached to the above community service center, and she was able to see D's head bonds by hand, shaking D's head bonds by hand, and d's arms by drinking, and the Defendant was satisfing D's sell with the left door of the competent department E belonging to the above community service center, and carried the instructions, etc. kept at the community service center.

As a result, the defendant assaulted public officials who perform legitimate duties concerning civil petition affairs of the community service center, thereby hindering the execution of public duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each investigation report (No. 9,10 times);

1. Application of statutes on site and public officials' photographs, video CDs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is very bad in light of the contents and circumstances of the instant crime, such as the Defendant’s face of a public official performing official duties, and shaking his hair, etc.

However, the defendant recognized the crime of this case and agreed to the defendant's mistake against E, the damaged public official agreed to do so, and the above damaged public official's health status is not good due to the defendant's early illness, etc., the defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, degree of obstruction of performance of official duties, etc. shall be comprehensively considered and determined as ordered by the order.

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