(영문) 울산지방법원 2020.01.16 2019고단3520

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(영문) 울산지방법원 2020.01.16 2019고단3520

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 July 28, 2019, around 00:43, the Defendant: (a) 00:43, at Yangsan-si, was on board a vehicle of a person who is not aware of the obligation of the borrower in front of the C convenience store located B; and (b) 112 was reported by the borrower; and (c) she was voluntarily operated with a police box of the Yangsan Police Station, along

After having arrived at a police box, the Defendant was asked by E about his personal information and the circumstances of the case at the place, and the Defendant committed violence to the police officer’s duty on the front side of the police officer F.(51) who was working for a civil petitioner, on the ground that he was not asked by E about his personal information and the circumstances of the case, and that he was not a person who reported 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Photographs of the damaged site;

1. Application of CCTV-cape photograph Acts and subordinate statutes to a Do box;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the crimes under pertinent Articles of the Criminal Act;

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: Imprisonment with prison labor for one to seven years;

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. Determination of sentence: Determination in consideration of the fact that any contingent crime is seriously reflected and the family environment, etc. of the accused.

참조조문

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