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(영문) 서울북부지방법원 2014.10.23 2014고단2680
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 continued to take any measure against D (the age of 58) who is a public official of Seongbuk-gu C (the age of 58) who is filed with the civil petition that he/she had displayed flowerss on the street in Seongbuk-ro 36Nao-ro 4-10, Seongbuk-gu, Seoul, and had been putting them on the street before the local flag park in India and obstructed pedestrians' passage.

At around 15:30 on March 14, 2014, the Defendant instructed the victim D to put the victim E (38 years of age) to the service employee E, etc. at the above location, and brought D to D, in a timely fashion, the Defendant sounded that the transition (20 cm in total length, 10 cm in length), which is a dangerous object in the main machine, is protruding towards the left and left, and that “I will die.”

Accordingly, the victims E, who were next to D, set up a defendant in the aftermath of the defendant, and take the excessive amount of the defendant, and the defendant spreaded with the victim E's buckbucks.

Accordingly, the Defendant carried the excessive goods, which are dangerous goods, interfered with the legitimate execution of duties on the removal of illegal street shops by public officials, and the victim E who refrained from this, puts off the bucks in favor of the treatment days in favor of the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of the existing Acts and subordinate statutes of subparagraph 1 (A) of seized evidence;

1. Relevant Articles 144 (1) and 136 (1) of the Criminal Act concerning criminal facts; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act

1. Selection of imprisonment for the crime of special obstruction of performance of official duties;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Confiscation Article 48(1)1 of the Criminal Act

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