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(영문) 울산지방법원 2019.05.17 2018고단3394

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

On August 8, 2018, the Defendant: (a) was asked about the Defendant’s identity and assault from E (30 years of age) who was a policeman belonging to the Ulsannam Police Station D District Unit of the Ulsannam Police Station, the Defendant was assaulted by the Defendant on August 8, 2018, and (b) was asked about the Defendant’s identity and assaulted by E (30 years of age) who was called the Defendant, the Defendant called “I would like to purchase the face of the above E in the blue blue blue with the Defendant’s blue flue, h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h., the Defendant called “I would h. h. h. h. h. h. h. h. h. h. h. h. h.). h.

Accordingly, the Defendant, a police officer, interfered with the legitimate execution of duties concerning the handling of reported E- 112 cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and C;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The fact that the defendant who was sentenced to the punishment of this case led to the confession of the crime of this case and appears to repent of his mistake, and the age, the environment, the means and result of the crime, and the circumstances after the crime, etc. are diverse.