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(영문) 울산지방법원 2020.11.11 2020고단3631
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 4, 2020, at around 02:50, the Defendant: (a) 112 reported and sent to the scene, the Defendant expressed the Defendant’s personal information, address, etc. in order for the Defendant to have the Defendant returned home on the road at the Ulsan Eastern Police Station B district of the Ulsan Eastdong Police Station, which was called “I am feasia, fasch fasch fasch fasch, fasch fasch fasch fasch fasch,” and used the said police officer’s body on board and on his hand, by means of breaking the lower part of the police officer’s fasch.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a investigative report (Attachment of a photograph to the head of a fac camp and to a caps of the head of a fac camp);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

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

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 defendant's decision on the sentence of this case recognized the crime of this case, and the fact that there is no criminal record exceeding the fine of the defendant, etc. requires strict punishment for the crime of obstruction of performance of official duties in order to establish national order and eradicate the light of public authority under favorable circumstances to the defendant. The defendant's crime of obstruction of official duties of this case is not less specific for the crime of this case, and the fact that the defendant has the same power twice and twice, etc. that are disadvantageous to the defendant, shall be considered respectively.

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