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(영문) 제주지방법원 2018.07.20 2018고단394
공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a recipient of basic living (n, 46 years of age) and the local social welfare class-7 public officials working at the C Administrative Welfare Center.

On December 11, 2017, the Defendant, within the C administrative welfare center located in Seopopopo City D on December 15:30, 2017, and the Defendant, working at that center, was making an appearance to the Defendant and making it difficult for B to do so.

In the presence of B, whether it is two or not, “n't h't h't h';

why is the failure of the family of South Korea;

씨발 년 아, 내가 너를 오늘 죽여 버려. 씨발 년 아. 내가 봐 봐, 너 내가 오늘 죽일 거야 씨발 년” 이라고 욕설을 하고, 손으로 B이 앉아 있는 책상을 세게 내리친 후 팔을 B의 얼굴 앞으로 휘두르고, 볼펜을 쥔 손으로 마치 B을 때릴 듯이 위협하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of the public service center of the public service center B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. On-site reports (Attachment ofCCTV images, etc.);

1. Application of Acts and subordinate statutes to investigation reports (for voice files submitted by a victim B, referring to the audio files);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order not only has the record of having been punished several times for violent crimes, but also the degree of interference with the public official performance of the instant public official.

However, the fact that the defendant has no record of being punished due to interference with the execution of official duties, and is against the recognition of the crime, and other circumstances that are conditions for sentencing, such as the age, environment, and circumstances after the crime, shall be considered together, and the punishment shall be determined as per the order.

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