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(영문) 울산지방법원 2019.06.14 2019고단210
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

At around 04:32 on December 16, 2018, the Defendant listened to the victim E (the age of 45) who was in the front of the office located in Ulsan-gun B, Ulsan-gun, and was dispatched to the site after receiving a report related to 112, the Defendant sold the victim E (the age of 45) the victim E (the age of 5) who was in the position of the Ulsan-gu Police Station D commander of the Ulsan-gu Police Station D (the age of 112), who was in the position of the Defendant. The Defendant: (a) took a bath view that “the victim E has been suffering from drinking frien; (b) has pushed the victim E’s chest at his hand; (c) was pushed the victim E’s chest at one time with his head; and (d) went beyond the floor; and (d) took part above the Defendant’s f.m., “F. Hawk?” by doing so.

As a result, the Defendant interfered with the legitimate performance of duties by police officers related to 112 reporting processing duties, and at the same time, the Defendant inflicted an injury on the victim E, such as dump dump, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Requests for cooperation in investigation, application of photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the crimes of obstruction of performance of official duties and the crimes of bodily injury committed against E)

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

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

(a) Aggravation element of general injury (type 1): In cases of the obstruction of performance of official duties (in cases of the obstruction of performance of duties and the scope of recommendations), aggravated area (in cases of the refusal of performance of duties and the scope of recommendations), six months to two years and six months; and

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties). The obstruction of the performance of official duties (Article 1).

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