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(영문) 울산지방법원 2019.07.17 2019고단1235

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

Around 03:30 on April 5, 2019, the Defendant: (a) received a 112 report from Ulsan-gu “C”; and (b) received a request from the police officer E and F belonging to the Ulsan-nam Police Station D District District, Ulsan-gu Police Station D District, Ulsan-gu, Seoul-gu, and sent back to the site, and asked the Defendant to pay the price and return home; (c) stated the above E and F as “a sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sar sarb

As a result, the Defendant interfered with the legitimate execution of duties concerning the above E and F's 112 reporting handling duties, which is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to investigation reports (verification and attachment of video images);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties or coercion of duties (special sponsor]: Where the degree of violence, intimidation and deception is minor, the factors of aggravation: In cases of multiple public officials who have suffered damage, the basic area of the recommendation area and the scope of the recommended sentence], and six months to one year and six months;

3. In order to establish a decision-making state order and eradicate the light view of the public authority, it is necessary to strictly punish the crime of obstruction of the performance of official duties. The defendant's crime of obstruction of the performance of official duties in this case is not less than that of the crime, the defendant confessions the crime in this case and is divided, the degree of violence is relatively minor, the defendant's deposit of KRW 1 million for the victimized police officer, the number of injured public officials, and other factors.