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(영문) 울산지방법원 2019.05.08 2019고단618
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

Around 21:10 on January 20, 2019, the Defendant: (a) committed assault, such as, on the road in Ulsan-gu, Ulsan-si; (b) the Defendant, upon receiving a report from 112, imposed a penalty on D by a police officer affiliated with the Ulsan-gu Police Station C District C District District of the Ulsan-gu Police Station, which called “I am, I do not am, I do not am. I do not am. I do am., I do not am.”; and (c) the Defendant d’s fingers by her hand, d’s shoulders and booms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of Acts and subordinate statutes to investigation reports (related to field images);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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 recommendations according to the sentencing guidelines [decision of type] the obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of recommendations and recommendations], the basic area of recommendations, six months to one year and six months [the general person] - The mitigation element of punishment: there is no force of criminal punishment.

3. The defendant who made a decision on the sentence of this case has led to the confession of the crime of this case and is divided, there is no criminal power for the defendant to punish him, and the crime of obstruction of the performance of official duties needs to be strictly punished in order to eradicate the light of public authority. The defendant's crime of obstruction of the performance of official duties of this case requires strict punishment. The defendant's crime of obstruction of the performance of official duties of this case is not less severe punishment, the degree of the crime of this case's assault, character and behavior, environment, motive, means and consequence of the crime of this case, and all other circumstances shown in the records, including the age, character

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