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(영문) 울산지방법원 2021.01.08 2020고단2659
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2020, the Defendant refused to pay taxi charges despite the arrival of the “E Association located in Ulsan-dong D, by boarding a taxi for business use operated by B in the vicinity of Ulsan-dong, Ulsan-gu, U.S., U.S., Ulsan-do, U.S., U.S., U.S., and upon receipt of a request to present identification card and identity verification from a slope G belonging to the F police station located in the U.S. police station in Ulsan-dong, U.S., Ulsan-gu, U.S., U.S., the Defendant refused to reveal the personal information and refused to disclose the personal information, and used the cell phone located in the Defendant’s home to pay the taxi charges and return back to the taxi.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the relevant Acts and subordinate statutes on the handling of reported cases, such as related photographs, taxi fares receipts, work logs, and 112;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: The sentence shall be determined as per the order within the scope of the recommended sentence according to the sentencing guidelines, in consideration of the overall circumstances shown in the arguments in this case, such as the age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, along with the sentencing conditions of the defendant as set forth in one year of imprisonment and three years of suspended sentence.

The defendant was sentenced to suspended sentence due to the crime of the same kind in 2017, but it has long been sentenced.

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