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(영문) 서울남부지방법원 2019.09.18 2019고단3677
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On July 16, 2019, at the C Resident Center located in Guro-gu Seoul Metropolitan Government on July 16, 2019, the Defendant requested that D who is a public official in charge of social welfare belonging to the above community service center not provide cleaning services to connect D with the person in charge of social welfare by telephone. On the ground that D, who attempted to have a telephone with the person in charge of the Gu office, does not promptly process the day, the Defendant “Chhhhhhhhhhhh”. Accordingly, E, the head of the above community service center, as the head of the welfare health team belonging to the above community service center, took off the transition (23 cm in all length, 12 cm in all length) from D, to stop the Defendant, and the Defendant took a bath to “day, hhhhhhhhhh, and hhhhhhhhhhhh,” and hhhhhhhn, as the above D’s excessive infash.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of the public official's community service center.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (Special Aggravation of Punishment): In cases of the aggravation of punishment: In cases of showing the threat of organization and mass or carrying dangerous objects (the scope of recommending area and recommendation), the basic area of the punishment, six months to one year and six months;

2. Within the scope of the recommended sentencing guidelines according to the sentencing guidelines, all the circumstances pertaining to the sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the crime, etc.

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