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(영문) 울산지방법원 2019.11.27 2019고단2379
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

On June 20, 2019, at around 00:14, the Defendant was under drinking in front of the C store located in Ulsan-gu B, Ulsan-gu, and reported 112, “A drinking male is under drinking.” On June 20, 2019, the Defendant: (a) reported the resident registration certificate with the Defendant’s towing address in order for the Defendant to return home to the site; and (b) took the Defendant into the F building in Ulsan-gu, Ulsan-gu, F building, G; and (c) at around 00:40 on the same day, the Defendant expressed the Defendant “I am in the way of shot; (d) I am the breast part of E by drinking, and (e) assaulted the Defendant by drinking, making it difficult for the Defendant to return home to the site the Defendant.

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

Summary of Evidence

1. Legal statement of witness E;

1. Application of the video CD-related Acts and subordinate statutes

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. 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. 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 does not recognize his/her own responsibility and was urgent to impose his/her responsibility on police officers, and thus, the quality of the crime is inferior, the establishment of national order and the eradication of the public authority requires strict punishment for the crime of obstruction of performance of official duties. The Defendant’s crime of obstruction of performance of official duties in this case requires strict punishment. The Defendant’s liability for the crime of obstruction of official duties in this case is not less than that of the crime, the Defendant’s same power is less than once, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc. are based on the sentencing guidelines, taking into account

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