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(영문) 울산지방법원 2015.05.15 2015고단767

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 13:00 on April 2, 2015, the Defendant: (a) found the DNA community service center located in Ulsan Jung-gu, Ulsan-gu; (b) did not promptly deal with the Defendant’s basic livelihood supply-related civil petition at the above community service center; (c) expressed that “emergency cost of living benefits 229,000 won is difficult to drink and kill drugs; and (d) bitch bit of bitch bitch bitch bitch bitch bitch, flick, flick; flick, flick, flick, flick; flick, flick, flick, flick, flick, flick, flick at the above community service center.”

Accordingly, the defendant interfered with the civil petition-related affairs of the public service center without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. The reason for sentencing of Article 62-21 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (six to one year and four months) of the obstruction of performance of official duties (a person with a special punishment] [decision of sentence] The defendant was under the influence of alcohol at the government office in charge of performing official duties and expressed a desire and assault to the public official in charge while avoiding disturbance, and the good residents who found the government office have been suffering from damage such as delayed performance of official duties due to the defendant's act, and the fact that the crime is very bad, and that the defendant's power was four times the same kind of power is a sentencing factor disadvantageous to the defendant.

It is the factor of sentencing favorable to the defendant that there is no punishment heavier than the suspended sentence due to the same crime.

In addition, in consideration of the age, character and conduct, environment, circumstances after the crime, etc. of the defendant, the punishment shall be determined as per the disposition, and the punishment shall be determined.