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(영문) 울산지방법원 2020.08.28 2020고단1680

공무집행방해등

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

1. Around 14:50 on April 21, 2020, the Defendant obstructed the victim’s coffee business by force for about 35 minutes, such as under the influence of alcohol, i.e., e., taking the victim’s management in Ulsan-gu, Ulsan-gu, Seoul-gu (hereinafter referred to as “the victim’s 23-year-old”)’s cryp to other customers.

2. On April 21, 2020, at around 15:25, the Defendant: (a) obstructed performance of official duties, at the place indicated in paragraph (1); (b) on 112, and (c) obstructed the Defendant’s behavior; and (b) obstructed the Defendant’s act, the head of Ulsan Central Police Station Eabs, which was called out after having received 112 reports; and (c) assaulted the F to walk 5 times in the place where the Fbucks were left in the clothes of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement G and C;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 punishment by law: Imprisonment with prison labor for one month to seven years;

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) No. 54, 01 [No. 1] Obstruction of Performance of Official Duties / No. (Special Aggravation of Punishment) [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months

(b) Class 2 (Interference with Business) Crimes (Determination of Types) interference with business affairs (Type 1) interference with business affairs (including special person): Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and recommendation range), reduction areas, imprisonment with labor for one month to eight months;

(c) Standards for handling multiple crimes shall be met;