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(영문) 울산지방법원 2020.06.03 2019고단3918
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 01:58 on August 31, 2019, the Defendant: (a) filed a 112 report and demanded a police officer, who is a police officer belonging to the Ulsan-dong Police Station C Zone C District of the Ulsan-dong Police Station, who was called the Defendant, to hold a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographss of seized articles, investigative reports (limited to the images submitted by the victim D), and photographs of dynamic images taken;

1. Application of the existing Acts and subordinate statutes of one blade (No. 1) seized;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Aggravation factors of the obstruction of performance of official duties [Article 1] / Forced performance of official duties (Special Aggravationd Persons] according to the sentencing guidelines, the scope of the recommended punishment according to the sentencing guidelines [Article 1] : In cases of showing the threat of group and large group or carrying dangerous articles (the scope of the recommended area and the recommended punishment] increased area, one year to four years of imprisonment.

3. In order to establish a decision-making state order and eradicate the light of the public authority, it is necessary to strictly punish the crime of obstruction of the performance of official duties. The defendant's crime of obstruction of the performance of official duties in this case is not less than that of the crime, that the defendant led to the confession and repent of the crime in this case, that there is no criminal penalty power against the defendant exceeding the fine, and that there is no other criminal punishment force against the defendant, and that the defendant's age, character, environment

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