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(영문) 울산지방법원 2019.11.21 2019고단3169
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

At around 23:03 on June 14, 2019, the Defendant was urged to pay the drinking value to the “C” restaurant located in Ulsan-gu B without paying the drinking value, and to return home from the slope E belonging to the Ulsan-dong Police Station D commander of the Ulsan-dong Police Station called the “police would have called, why he would have called, why he would have called.” On the other hand, the Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of 112 reports by assaulting the face of the above E on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties): Basic area (6 months to June); and

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

It is not good to the nature of the crime, such as recognizing a normal charge favorable to the defendant, taking the face of a normal police officer disadvantageous to the defendant as head, and taking the previous charge and having a single time of violence.

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