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(영문) 창원지방법원 2020.11.27 2020고단1913
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 4, 2020, at around 18:05, the Defendant committed an obstruction of performance of official duties against the public official of the administrative welfare center: (a) sound “DB” on the ground that he was notified by the public service center of the C administrative welfare center in Kimhae-si, of the required documents to be submitted for emergency disaster support by D; (b) the head of the women’s team at the same time expressed the desire to “Chos” as “Chos”; and (c) the head of the women’s team serving there was a threat that he might see his will and her hand.

Accordingly, the Defendant was a public official E (35 years of age) of class 8 of the Administrative Welfare Center, and the Defendant met the Defendant and interfered with the legitimate execution of duties regarding administrative welfare civil affairs by having the face of E one time as a drinking.

2. On May 4, 2020, the Defendant has an objection against a female public official of the administrative welfare center at the place specified in paragraph (1) around 18:25 on May 4, 2020.

On the other hand, after receiving a report that the civil petitioner gets a failure, the police box of the police station Kim Jong-tae was sent from G (the age of 47) to the police box belonging to the police box of the police station, and subsequently, the civil petitioner assaulted the police officer to take the left part of G once in drinking, thereby obstructing the police officer from performing his legitimate duties concerning the handling of the reported case.

Summary of Evidence

1. Application of Acts and subordinate statutes to the result of viewing the CD reproduction of each police record of case 112 reported to E and G;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendation [decision of type] according to the sentencing criteria for the obstruction of performance of official duties: [Article 1] / coercion of performance of official duties [Special Aggravation]: Where there are many public officials who have suffered damage, the area of aggravation of punishment [the scope of recommendation], one to four years of imprisonment;

2. The sentencing prescribed by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive for committing a crime and circumstances after committing a crime, following the decision of sentence.

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