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(영문) 창원지방법원 통영지원 2018.01.10 2017고단1556
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 delayed the road package construction in front of a restaurant operated by his mother-child, thereby hindering restaurant business. The Defendant sold oil to his body to resist this, and found DMyeon Office in Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun.

On July 17, 2017, around 15:55, the Defendant spreads oil to the body that used the main abandonment in the gas station located in Gyeongsung-gun E, Chungcheongnam-gun, and enters the above D Myeon Office civil service offices, and enter the public service offices of civil service offices such as Myeon F and Do governor G, who are administrative public officials, “Do governor F and Do governor governor G,”

It is too serious to cause death, damage, and damage.

C. The term “Cresh” saw that a public service official’s life and body would be harmed, such as flashing, flashing, flashing, flashing, and doing so at his/her own request, and threatening the public service official’s life and body, such as acting as if he/she did and threatening decentralization.

Accordingly, the defendant interfered with the legitimate execution of duties concerning civil petition-related affairs, such as civil petitioners counseling by the public officials of the Myeon Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A report on investigation (a list of site photographs);

1. An investigation report (in accordance with the attachment of the table for the handling of a report case) ;

1. A report on the investigation body (limited to attachment of photographs by capturing CCTV images that spread through the person under investigation;

1. Application of the Acts and subordinate statutes to a investigation report (limited to the attachment of photographs by CCTV images of the D Myeon Office and caps);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. Determination of sentence;

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