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(영문) 울산지방법원 2020.04.22 2019고단5201

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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 1:53 on October 4, 2019, the Defendant: (a) at the C Administrative Welfare Center located in Yangsan-si B, and on the ground that D, who is a public official in charge of social welfare belonging to Yangsan-si, was unable to receive monthly rent from the Defendant’s house tenant to the hospital, and (b) made efforts to find D, which is a dangerous object (30cm in total length, 20cm in length, knife length, 20cm in knife) and thereby, threatened the Defendant by saying, “I have come outside of simple distribution, but I have died of the internal test.”

Accordingly, the defendant carried dangerous things and interfered with the legitimate execution of duties of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Investigation of the details of arrest, etc.), and the application of CCTV photograph Acts and subordinate statutes at the time of committing the crime;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

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: Imprisonment with prison labor for one to seven years;

2. Aggravation factors of the obstruction of performance of official duties [Article 1] / Forced performance of official duties (Special Aggravationd Persons] according to the sentencing guidelines: In cases of showing the threat of group or mass force or carrying dangerous articles (the scope of the recommended area and the scope of the recommended punishment] increased area, one year to four years of imprisonment.

3. In order to establish a state order in the sentence and eradicate the light 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 of this case is not less than that against the defendant, such as the fact that the defendant's liability is not less than that of the crime, the fact that the crime of obstruction of the performance of official duties of this case is poor by carrying dangerous articles, the fact that the defendant led to the confession of the crime of this case, is divided, and that the defendant has no power of the same kind, etc., taking into account the circumstances favorable to the defendant.