logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.09.23 2020고단2180
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 April 15, 2020, the Defendant: (a) around 18:40, at the “C” operated by the Defendant’s wife located in Yangsan-si B; and (b) the Defendant, a police officer affiliated with the Yangsan-si Police Station D Boxes, who reported domestic violence 112, tried to check the Defendant’s wife’s report details against the Defendant’s wife; and (c) took part in the Defendant’s humping of “Yama, B, and inside the house,” and took part in the Defendant’s humping of “Yama, B, and the house,” and took part in the humping of the police officer’s head at one time due to his finger, and the above police officer’s hand at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to photographs of damaged police officers;

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. The Defendant’s decision on the sentence recognizes the instant crime, and the Defendant has no criminal records that exceed the same military force or fine, etc., under favorable circumstances to the Defendant, and there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish national order and eradicate the light of public authority. The Defendant’s crime of obstruction of performance of official duties in this case does not include the fact that the liability for the crime is not less than that of the Defendant, etc., taking into account the circumstances unfavorable to the Defendant, and the records, such as the Defendant’s age, character, environment, motive, means and consequence of

arrow