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(영문) 울산지방법원 2020.08.19 2020고단1999
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 14, 2020, the Defendant, at the main point of “C” located in Ulsan-gu B on May 17, 2020, received 112 reports that the Defendant does not cause alcohol, and obstructed police officers’ legitimate performance of duties concerning the handling of reports and handling of 112 reports, by assaulting the Defendant, who was requested to return home from E, who was called out by the police officers belonging to the Ulsan-nam Police Station D District Unit of the Ulsan-nam Police Station, and who was called out.

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 internal investigation reports (investigation into the attachment of CDs);

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 of the 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. In order to establish a state order of sentencing and eradicate the light view of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties. The defendant's crime of obstruction of official duties of this case is not less than the punishment for such crime, the defendant's recognition of the crime of this case, the defendant has no criminal record of exceeding the same kind of power or fine, and other circumstances revealed in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as ordered within the scope of recommended punishment according to the sentencing guidelines.

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