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(영문) 울산지방법원 2020.09.24 2020고단493

공무집행방해

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

At around 14:40 on October 11, 2019, the Defendant closed his business at the D office located in Ulsan B, the Defendant’s business as a tax in arrears, and the Defendant notified the tax office of the tax payment plan, but the tax office sent the Defendant’s wife, who is the secondary taxpayer, with a letter of demand for tax payment, and the person in charge of sending the said letter, sent the said letter of demand for tax payment to his wife’s husband, and sent the 2 liter prepared in advance to his wife on the floor of the above office, and dispatched the 2 liter of the newly prepared 2 liter on the floor of the above office, and threatened the head of the above D team E “I sent his wife with a letter of demand for payment in arrears, I put him to the person in charge of the headquarters present, and thereby interfere with the legitimate performance of duties concerning civil petitioners and general administrative affairs of the public official at the tax office.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment toCCTV Data), investigation report (Attachment to a site photograph at the time of arrest);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant found a tax office to have refused performance of official duties by putting the width on the floor and threatening it to the floor, and the liability for the crime is not minor.

However, taking into account the circumstances in which the damaged public official appeals the Defendant’s wife, the sentencing conditions, including the background leading up to the instant crime, the Defendant’s age, environment, circumstances after the crime, and criminal records, shall be determined as the order of the Defendant.