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(영문) 울산지방법원 2020.02.12 2019고단4410
특수공무집행방해
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

On August 21, 2019, at around 00:48, the Defendant: (a) considered that F, a police officer belonging to the Ulsan East Police Station E District, dispatched after receiving a report of 112, was a letter of the above C; (b) followed F, a beer’s disease, which is a dangerous object located on the table table, was facing the above F, and followed F, etc.

Accordingly, the defendant, using dangerous objects, interfered with the legitimate execution of duties of police officers concerning handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes attached to photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

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. The defendant who made a decision on the punishment of this case has led to the confession of and divided into the crime of this case, the criminal punishment power for the defendant is five times, but there is no criminal punishment power exceeding the fine, and in order to establish national order and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties. The defendant's crime of obstruction of official duties of this case is not less complicated, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case and all other records revealed in the records, such as the situation after the crime, etc., shall be determined as ordered within the scope of the recommended punishment according to the sentencing guidelines.

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