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(영문) 대전지방법원 천안지원 2017.10.27 2016고단2031
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From February 15, 2016 to February 17, 2017, the Defendant demanded that the D community service center located in Seoan-gu, Seoan-gu, Seoan-si be responsible for the settlement of the island voucher cards received as a basic living recipient, and received a demand for returning home by a police officer who was sent to the site after receiving a report on five occasions over 112.

Nevertheless, the Defendant, at around 16:50 on February 17, 2017, sent a report to the police by the public official E belonging to the community service center to arrest the Defendant as a flagrant offender at the D community service center on the following grounds: (a) stated that the public official E, who was in charge of civil petition affairs, was at the E-site where he was in the process of handling the civil petition affairs, and carried the E’s left arms in hand.

Accordingly, the defendant assaulted a public official in the community service center who performs duties.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each statement of E and F;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to photographs by capturing damaged photographs and dynamic images;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [Scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), such as assault, intimidation, deceptive scheme, or obstruction of public duty, in the area of mitigation (any person who interferes with the performance of public duties and any duty shall be forced).

2. The Defendant found the sentence in the community service center several times, and exercised the tangible power to the public official, and accordingly, seems to have a considerable obstacle to the public official’s business performance.

However, the defendant acknowledges his wrongness at the latest.

It seems that the degree of violence was not hot.

No defendant is subject to criminal punishment exceeding a fine.

It seems that economic situation is not good.

In addition, the defendant's age.

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