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(영문) 울산지방법원 2020.05.07 2019고단5169

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 14, 2018, the Defendant was sentenced to six months of imprisonment for special assault at the Ulsan District Court, and completed the execution of the sentence on May 16, 2019.

At around 00:15 on December 5, 2019, the Defendant: (a) c main station located in Ulsan-gun B, Ulsan-gun; (b) 112 of the aforementioned main station, stating that “the son was on the first floor by leaving his fluor,” and called “I would have been discharged to the police station of Ulsan-gu, Police Station D, which called “I would have been discharged to the police station of Ulsan-do,” while under the influence of alcohol to the relevant slopeF; and (c) said F was called as “I would have been dispatched upon receiving a 112 report; and (d) said F would have gotten “I must go to governance, I must go to this fluor”; (c) said F’s f’s bat, fat, and assaulted the f’s bat.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment] of the obstruction of performance of official duties: [the category 1] the obstruction of performance of official duties/performance of duties] - Aggravation factors: Aggravation of repeated crimes of the same kind (the scope of recommending area and recommendation range] increased area, 1 to 4 years of imprisonment;

2. Circumstances disadvantageous to the determination of sentence: The fact that the crime of obstruction of performance of official duties needs to be punished strictly for the purpose of establishing a state’s legal order and eradicating light of the public authority; the defendant was punished twice for the crime of obstruction of performance of official duties (one year of suspension of execution in April, 2015, and four months of imprisonment in April, 201), and the defendant committed the crime of this case without being familiarly aware of the fact that he committed the crime of this case during the period of identical repeated crimes of the same kind; the circumstances favorable to the fact that the crime of violence has been punished 15 times: The fact that his mistake is recognized and against himself; and that the defendant made efforts to prohibit him, such as receiving medical treatment after the outbreak of alcohol