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(영문) 의정부지방법원 2018.07.13 2017고단5390
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On February 22, 2017, around 08:50, the Defendant demanded the victim B (5 years) who is a public official of class 5 in Southyang-ju City, who is a public official of class 5 (5 years old), to proceed with an interview to the market room without permission on the ground that the Defendant’s request for corrective warning from the National Council of the Rights and Interests Council to take corrective measures against the laid underground water supply pipes from the second floor of the 2nd floor of the 2nd floor of the 2nd floor of the Namyang-si, Gyeongyang-si, Gyeongyang-si, 1037, the Defendant demanded that the Defendant enter the market room without permission on the ground that he did not harm the corrective measures.

“........ the victim’s face was taken by drinking....

Accordingly, the defendant assaulted the victim who is a public official performing legitimate official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes inside the market room and victim form;

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

1. The act of blocking or obstructing by force the legitimate execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act constitutes a serious crime, as well as the act of damaging public interest (public interest) which would be achieved through the execution of official duties, and at the same time destroying the state’s action and the legitimate authority on the legal order.

In particular, in light of the fact that it is considerably difficult to compute damages caused by the crime interfering with the performance of official duties, assessing the harm or risk of the crime interfering with the performance of official duties based on the criteria similar to the general violent crime should be avoided, and as seen earlier, there is a need to punish it frightly considering the seriousness of the infringement of legal interests.

With respect to this case, the public health unit and the defendant attempted to enter the market room without permission, and assaulted the viewing public officials who visit the defendant.

However, the defendant is the state or local government.

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