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(영문) 청주지방법원 2020.01.30 2019고단1813
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 15:45 on June 24, 2019, the Defendant assaulted the victim's neck by hand to the extent that the body of the victim who was seated at the Cheongju-si Office B, and the victim D (54 years of age) who was an administrative public official working as the head of the C-Gu Office administrative support and the head of the team, does not bring about the demand of the Defendant related to the receipt of the national pension, and expressed a disturbance, while the victim was resisted by the victim, who stated that "I sway sway sgue" was "I sway sgue", and the victim's chest and face were tightly cut down.

As a result, the defendant interfered with legitimate execution of duties concerning the administrative support of administrative public officials, and at the same time, injured the victim about two weeks of medical treatment, such as spambling.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A medical certificate;

1. Photographs and video CDs (the defendant did not have a assault or injury to the victim; however, according to the evidence in the judgment, it is sufficiently recognized that the defendant inflicted an injury on the victim, such as that it is written in the facts charged, so the above argument is not acceptable). The application of the law is without merit.

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for imposing selective sentence of imprisonment: The crime is not good in light of the background and method of the crime, etc.; the victim was unable to receive a letter from the victim; due to the instant case, the victim received considerable mental impulse, etc.; and even in 2018, the Defendant committed an injury in the course of raising an objection relating to the amount of national pension payment and thereby punished by a fine of two million won.

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