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(영문) 전주지방법원 군산지원 2018.01.10 2017고단150
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On February 8, 2017, the Defendant was investigated by the complainants in relation to the case that he had not received wages before the office of the Labor Improvement Guidance Department of the Seoul Gun branch office of the Gwangju Gun and the office of the Seoul Gun Office of Labor Management.

Defendant 1 was asked by C (34) who is an officer in charge of the labor supervision of the above-mentioned regional labor office of Gwangju-si, and was able to take a bath to the above-mentioned C, the back-up of C was drinking once a drinking, and the Defendant 1 was able to take a bath to the above-mentioned C, the back-up of C was able to take a hand-to-be hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation by a public official in charge of labor supervision.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

2. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] : (a) there is no basic area (from June to one year and six months) (the person who has been subject to special sentencing) [the "unlimited to a case where a serious injury has occurred to a damaged public official (the reason for the aggravation of punishment itself)] / (the decision of sentence should be reasonable to deem that the "unlimited to a case where a serious injury has occurred to a damaged public official (the reason for the aggravation of punishment in itself)] / The sentence shall be determined as per the order by taking into account the following circumstances and other factors such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The defendant is aware of the crime of this case and reflects it.

Defendant committed the instant crime by contingency.

A damaged public official does not want the punishment of the defendant.

There is no record that the defendant was punished for the same crime.

There is a need to strictize that the obstruction of the performance of official duties is seriously detrimental to the pride of the public officials and the desire for their service, and the damage caused by it ultimately return to the general public.

The defendant has been punished several times for a crime of double-sex, such as violence.

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