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(영문) 의정부지방법원 2014.03.28 2013고단4504
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant: (a) around 10:12 on September 12, 2013, at the time of the second floor of the Sinwon-gun, the head of the Gun should directly move to the Gun, and (b) the head of the Gun should directly move to the Gun office, and (c) the head of the Gun should move to the Gun office.

At this time, the above C, "the head of the Gun last Mad. Ha in the session," and the defendant, "the head of the Gun," who has obstructed the front of the defendant, the defendant, shall leave the Gun.

Gun Bara

D. The Defendant received the following parts of the instant C’s order from the head of the Gun, “I Dok, I Dok, I am Dok,” and the Defendant was able to avoid disturbance over five minutes.

Accordingly, the defendant interfered with the operation of the above public official's office and the legitimate execution of duties concerning autonomous administrative affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D, E, and E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (i.e., favorable circumstances, etc. of the reasons for sentencing) of the Suspension of Execution of Official Duties [Determination of Punishment] - In the case of minor degree of violence, intimidation, and deceptive scheme: [Determination of the area of recommendation] Reduction [Determination of the area of recommendation] Reduction [ range] from January to 8 months [general person] - In the case of an unexpected injury: (i) 1 to 5 years [Scope of sentence] - In the case of occurrence of adverse injury (whether suspension of execution of sentence is suspended of sentence of imprisonment of five years or more or more): - In the case of minor degree of violence, intimidation, and deceptive scheme: If the degree of adverse general witness causes is minor: - The reason for negative general witness who has been committed before and after the suspension of execution of sentence of two or more times; positive witness: Imprisonment with prison labor for the defendant / the defendant / the defendant / his dependants of excessive confinement [Article 16(1) year suspension of execution of sentence]

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