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(영문) 대구지방법원 2014.12.04 2014고단5209
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 is a person who is currently married with a Korean national and is living in Korea.

1. The Defendant, at around 15:00 on October 6, 2014, continued to put in mind the tree class (30cm in length, 4cm in width) which is a dangerous object on the ground that the interview for the acquisition of nationality was rejected in the citizen registration system of the Daegu Immigration Office located in Daegu Dong-gu, Daegu Immigration Office (hereinafter “Seoul Immigration Office”) and asked D who is a public official of nationality and nationality, “I will go back to what person later (e.g., the E team leader and naturalization interview),” and “I will go back to the 7-year flag?” and “I will not have the nationality? I would like to put the tree class into a wooden class, and caused a disturbance, such as breaking the civil petitioner who was embling with his will.”

Accordingly, the defendant assaulted D who is a public official by carrying dangerous things, thereby hindering the legitimate execution of duties by public officials in dealing with civil petition affairs.

2. The Defendant violated the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) at the same time, at the same place, and at the same time, and at the same time and place as above, the Defendant diversed a tree mone, which is a dangerous object on the ground that the fire occurred, with a view to the partitions of the civil petitioner, and made the victim F (F, 69 years old), who was seated and reported to the residence of the civil petitioner, and obstructed the performance of official duties as prescribed in paragraph (1), and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Articles 144(1) and 136(1) of the Criminal Act for the crime concerned, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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