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(영문) 춘천지방법원 강릉지원 2020.03.20 2019고단1469
특수공무집행방해
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

On September 16, 2019, from around 09:20 to 11:00 on September 16, 2019, the Defendant demanded to additionally issue a standard plastic garbage bag that is to be delivered to the basic daily life recipients at the C Office located in Gangseo-si B, and was refused due to the reason that the standard plastic garbage bag was already issued by the public official in charge.

On September 16, 2019, the Defendant: (a) loaded one copy of LP gas container (storage gas capacity 19 km) and one large soil tank for ignitioning in hand; (b) connected to the LP gas container with soil in the front of the C Office D while the police assigned for special guard in charge of the above C Office D is under restraint; (c) the Defendant was under restraint from D; and (d) even though public officials in charge of basic livelihood supply and demand, E, and two social work personnel continued to control the above hand, the Defendant saw “I I I I I I I will am” with the hand, and threatened the said C Office by using LP gas.

As a result, the defendant carried dangerous things and interfered with legitimate execution of duties concerning the protection of office buildings and civil petitions of public officials in Eup offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to each photograph (as evidence list Nos. 4, 13, 16, 18, 28, 30, 32);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

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

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing the sentencing of Article 48(1)1 of the Confiscation Criminal Act is that the defendant carried dangerous articles and committed the obstruction of performance of official duties, and the nature and circumstances of the crime are not somewhat weak, considering the fact that the defendant had the record of the same kind of crime, the defendant selected imprisonment, led the confession of the crime, led the mistake, and the defendant is dissatised at the time.

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