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(영문) 울산지방법원 2019.10.02 2019고단2370
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

1. On May 23, 2019, the Defendant engaged in obstruction of performance of official duties: (a) on May 23, 2019, the victim C (year 31) who was a public official belonging to the office of the department in charge of the Defendant, who was working in the office of the third floor B of Ulsan-gu, Ulsan-gu, Seoul-do, where the industry-ro 1010 (fluorite-dong) was located in Ulsan-gu; and (b) assaulted the victim’s sat and satch with the victim, who was a vinyl fluort with other employees.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning B by a public official of the Gu office.

2. On May 23, 2019, the Defendant damaged public goods: (a) around 13:30 on May 23, 2019, the Defendant unilaterally cut off the phone between D president E and telephone conversations at the 6th economic unit and the 6th economic unit in Ulsan-gu, Ulsan-gu, Seoul-do; and (b) on the part of the clients for office use, and (c) destroyed a copy of the market price of 50,000 won glass.

Accordingly, the Defendant damaged public goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to photographs of destruction of glass of depositors, written estimates for investigation reports, and reports on investigation (verification of places of criminal investigation);

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) (Crime / [Class 1] Obstruction of Performance of Official Duties / Forced Performance of Duties (Special Convictd Person] Reduction element: Non-performance of Punishment [Recommendation and Recommendation Scope] Reduction Area, Imprisonment with labor for one month to eight months;

B. Second crime (damage to Public Goods) (Determination of Sentencing) is a crime of obstruction of the performance of official duties.

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