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(영문) 서울중앙지방법원 2016.09.28 2016고단5007
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 20, 2016, at around 09:40 on June 20, 2016, the Defendant reported the removal of illegal buildings that he left in accordance with the relevant laws and regulations of the Gwanak-gu Seoul Special Metropolitan City Office C and the competent authorities affiliated with the Seoul Special Metropolitan City Office C, and distributed 10 liter in front of D.

In this regard, gasoline removal, which is a dangerous object contained in plastic transit, has been threatened, such as fluoring and fluoring gasoline on the materials, and fluoring fluor.

Accordingly, the defendant carried dangerous things and interfered with legitimate execution of duties concerning the management of state owned land by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / Where the degree of assault, intimidation, and deceptive scheme is minor in the basic area (six months to one year and four months) [the person subject to special mitigation (special mitigation)] / [the decision of sentence] the risk and nature of the defendant's act, the defendant's act is against the defendant, the fact that the defendant has no criminal record, the circumstances of the crime, and other circumstances, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

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