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(영문) 대구지방법원 경주지원 2019.09.05 2019고단177
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 is a parent of the first grade and second grade of “C elementary school” located in P, P, and the victim D (M, 30 years of age) is a public educational official.

At around 13:30 on December 26, 2018, the Defendant: (a) sought an interview with the victim by finding the victim as the above classroom without any prior notice that the victim did not mandatorily enter his/her own requirements; (b) on the ground that he/she was prepared for taking classes from the victim and did not have a prior promise, he/she was refused to do so; (c) putting him/her over the floor with his/her head head and head, and (d) putting him/her over the floor; and (e) towing the victim into the corridor in the condition that he/she gets head.

As a result, the Defendant interfered with the legitimate execution of duties concerning the preparation of class by the victim, and at the same time, the Defendant placed multiple scambling scams that require medical treatment for about 20 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, and F;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of D and E;

1. A written statement;

1. Complaint - The application of Acts and subordinate statutes of the injury diagnosis report and diagnosis report

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the following circumstances, the Defendant’s age, character and conduct, environment, occupation, occupation, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined by comprehensively taking into account the following circumstances:

This case is to protect students and teachers by assaulting the victim who is a teacher in the island service after the defendant was found as a after-school class to interfere with the performance of official duties and inflicting bodily injury on the victim.

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