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(영문) 의정부지방법원 2019.09.04 2019고단1677
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 12, 2019, around 16:00, the Defendant asked the victim D(43 years of age) who is a public official in charge of Macheon-si and 61-6-ro, the central city culture and sports and office of Macheon-si, the 61-6-ro, and the Macheon Culture and Sports and Office of Macheon-si, the development project related to B, to use the Macheon-si and the Macheon-si as a general motor vehicle stadium. However, the Defendant rejected the victim’s refusal to “it is prohibited from being registered as a violation of the Act due to the matters to be approved prior to the installation of the above facilities,” on the ground that the victim’s refusal to register the Macheon-si as a matter of law.” After being pushed the Macheon-si, the Defendant carried the victim’s vessels more than 2 to 3 times and added a dub

As a result, the defendant interfered with the legitimate execution of duties by the victim who is a public official related to civil petition treatment affairs, and at the same time, the victim was injured by the victim such as the 3th head of the right cage.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. On-site photographs taken after the assault;

1. A detailed statement of hospital treatment submitted to D;

1. A medical certificate of injury and a medical certificate;

1. Application of statutes on field-finding photographs;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

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

1. The reason for the sentencing of selective sentence of imprisonment [the scope of recommending punishment according to the sentencing guidelines] The basic area (6 to 1.6 months) of the obstruction of performance of official duties (the decision of sentence] is an offense of obstructing performance of official duties, which makes it difficult for the public authority, which is the basis of the rule of law, to properly exercise and damage that is not good, in terms of the fact that it is difficult for the public authority to exercise and return to the majority of citizens.

The defendant's refusal of his civil petition by the public official in charge in the viewing area is a crime that inflicts an injury on the ship and chest of the public official in charge.

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