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(영문) 울산지방법원 2021.01.08 2020고단3854

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2020, at the entrance of Ulsan-gu B, Ulsan-gu, the Defendant reported 112 problems, such as taxi charges, etc., and sent from E of police officers belonging to the Ulsan-gu Police Station D police station, Ulsan-do, where the Defendant “?”

“A person who is interested in a question shall be paid “n't and sib”;

C. “C.S. H. H. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. and B. B. B. B. B. B. B. B. B. and B. B. B. B. B. B. B. B.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Application of the Act and subordinate statutes to the 112 Report Processing List and Investigation Report (Woman’s Statement);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: The sentence shall be determined as per the order within the scope of the recommended sentence according to the sentencing guidelines, in consideration of the various circumstances shown in the arguments in this case, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, along with the sentencing circumstances of the defendant as shown below six months of imprisonment and two years of suspended sentence.

D. Unfavorable circumstances: The nature of the crime is heavy in light of the process and motive of the crime, the content, method and form of the crime, the degree of the exercise of tangible force, etc., and the defendant is a crime related to violence including the same kind of crime.