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(영문) 울산지방법원 2019.05.01 2019고단522
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 01:00 on February 16, 2019, the Defendant: (a) reported 112 to the effect that “C” located in Ulsan Jung-gu, U.S., U.S., U.S., U.S., N.D. D district unit in Ulsan-gu, U.S., and sent to the site, and (b) prevented the Defendant from taking a bath to the said main owner; (c) stated the above E as “I would like to take a bath; (d) I would like to fright the body part of the above E at his own body with the Defendant’s left hand; and (d) I would like to fright the part of the said E with the Defendant’s body, fright the part of the said E, and h., “I.S., I.”; and (d) I would like to take a bath.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes on site photographs of damaged parts;

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

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

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] [No person engaged in the obstruction of performance of official duties]/performance of official duties (the scope of recommending area and recommendation], basic area, six months to one year and six months [general person] - Involuntary mitigation factors: In cases where an aggravated element of punishment (in cases where an unexpected injury has occurred) - Insignificant injury has occurred: In cases where an unexpected injury has occurred;

3. In order for the Defendant to make a confession of the instant crime and repent, to establish national order and eradicate the danger of public authority, the Defendant’s crime of obstruction of performance of official duties needs to be strictly punished. The Defendant’s crime of this case is not less complicated, the degree of force that the Defendant committed to the police officer, the degree of the Defendant’s deposit KRW 50,00 for the victimized police officer, and the Defendant’s deposit KRW 50,00 for the victimized police officer.

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