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(영문) 서울동부지방법원 2014.12.18 2014고단1541
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of one year and six months for the obstruction of performance of official duties by the District Court on October 11, 2012, and the said judgment became final and conclusive on October 19, 2012, and is currently in the grace period.

【Criminal Facts】

around 17:00 on February 24, 2014, on the ground that the Defendant did not give any urgent support at the Seoul Gwangjin-gu Seoul Metropolitan Government Welfare Policy Office and the third floor office located in Gwangjin-gu, Seoul Metropolitan Government, 777, the Defendant threatened public officials B who were working for the above welfare policy and public officials “I would satisfe salting and knife salting, if you do not give any urgent support,” thereby threatening them to the same division and affiliated C to “I would sat off, I will not get away,” and assaulted by satching D’s satch which are public officials belonging to the same division and division.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the welfare policy of the Seoul Mine-gu Office and the administration of B, C, and D, public officials.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and C, and 11;

1. Each police statement concerning CBD and B;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of criminal records of the same kind as the suspect);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Reasons for the sentencing of Articles 40 and 50 of the Commercial Concurrent Crimes Act [Scope of Recommendation] The basic area (6 to 1 year and 4 months) of the 1st category of the obstruction of performance of official duties (in the event of obstruction of performance of official duties) [Determination of sentence] of the 2nd sentence] of the 1st category of the 1st category of the 3nd (in the event of obstruction of performance of official duties/performance of official duties] [Determination of sentence] of the 3nd sentence of this case is a favorable circumstance that the 3nd offense of this case is committed by the public official in charge of welfare,

However, the defendant seems to have committed a crime of obstruction of performance of official duties, and the defendant requires the defendant to provide welfare support that does not comply with the law in the past.

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