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(영문) 울산지방법원 2020.10.21 2020고단3082

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On July 16, 2020, the Defendant: (a) in front of C in Ulsan-gu, Ulsan-gu; (b) in front of C on July 16, 2020, the police officer, who was a police officer belonging to the Ulsan-gu Police Station Diplomatic Police Station, called “not giving passengers a fare,” recommended the Defendant to pay the taxi fee and return home, and on the ground that E, who was a 112 reporter, recommended the Defendant to pay the taxi fee, the Defendant: (c) in the presence of F of the 112 reporter, the Defendant: (d) was a large sound, namely, “spack, spack, spack, spack, spack, spack, and spack, to the effect of the Defendant; and (e) was pushed the chest part of the above E by hand and shoulder.

Accordingly, the defendant openly insultingd the victim, and interfered with the police officer's legitimate execution of duties concerning the 112 reporting processing.

Summary of Evidence

1. Application of Acts and subordinate statutes to photographic Acts and subordinate statutes by taking the police’s statement F in relation to the defendant’s legal statement E

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [Attachment 1] (the scope of recommending and recommending punishment] (the scope of recommending area and recommending punishment] basic area; imprisonment with labor for two months to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to ten months of imprisonment (the maximum of crimes No. 2).

3. Determination of sentence: Six months of imprisonment with prison labor;