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(영문) 울산지방법원 2019.09.24 2019고단2663
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On July 17, 2019, around 07:00 on July 17, 2019, the Defendant: (a) Belgium was put in a place of residence of the victim D (at the age of 82) of the building C in Ulsan-gun, Ulsan-gun; and (b) Belgium was placed in the victim’s door with a heater’s hand, and entered the victim’s inner part of the victim’s residence; and (c) the victim took part in the Belgium at the victim’s seat; and (d) the victim took part in the victim’s face.

Accordingly, the defendant invadedd the victim's residence, and assaulted the victim.

2. On July 17, 2019, at the same place as above 07:23 on July 17, 2019, the Defendant of special obstruction of performance of official duties: (a) “A person under his/her supervision franks the fess,” upon receipt of the 112 report, returned to the Defendant’s residence under the above B building G, which was the Defendant’s residence, by the police box guard of the Ulsan Coast Police Station, pursuant to the police box of the Ulsan Coast Police Station: (b) decided that the knife (the knife 24cm, the knife 13cm) was in front of the front of the entrance, and threatened the F with a knife.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers in relation to the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 144(1), 136(1), 319(1) and 260(1) of the Criminal Act concerning the crime concerned, the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Crimes of obstruction of performance of special duties and violence [Scope of Recommendation] 1 Crimes of obstruction of performance of official duties: Category 1 Crimes of obstruction of performance of official duties (in case of carrying dangerous objects: one year or four years): Aggravation (in case of carrying dangerous objects: one year or four years): Punishment of multiple crimes in the aggravated area (in case of a victim who is vulnerable to committing a crime: April or one year or six months): One year or four years;

B. The sentencing criteria for residential intrusion are the same.

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