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(영문) 광주지방법원 2017.09.07 2017고단2792
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 22, 2017, the Defendant filed a civil petition with the head of the Sungsung-gun Office B located in 200, Sungsung-gun, Sungsung-gun, Sungsung-gun, Namcheon-ro, 200, to the effect that a car driven by the Defendant was damaged by a utility pole, going beyond the road, but does not correspond to his/her own intent, but does not include two liters containing gasoline, which is a dangerous object.

Plastic living together with plastic sources and to employees in those places, such as C, D, etc., “to throw away them.”

“In doing so, the Defendant’s body expressed intimidation as if gasoline were fluent.”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of public officials in the military administration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (on-site situations and statements of affiliated office chiefs);

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, which could have resulted in a dangerous consequence, is that the liability for the crime was unfeasible, the mistake was repented in depth, his civil petition was not properly accepted, and that the crime was committed contingent in an unfasible state, the defendant's age, sex, behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the argument of this case, shall be determined as ordered in consideration of the circumstances, such as the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, etc.

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