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(영문) 울산지방법원 2016.12.08 2016고단3895
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2, 2016, the Defendant damaged the victim’s “D” restaurant operated by the victim C on the second floor located in Ulsan-gu, Ulsan-gu, Seoul-gu, by gathering two boxes of drinking water equivalent to KRW 21,000 at the market price of the victim’s possession, which is kept there, without any reason.

2. The police officer F belonging to the Ulsannam Police Station E-gu, Ulsannam Police Station, which was called after receiving a report from 112 to the purport that the Defendant was faced with alcohol-related diseases, frankly living together, and committing domestic violence on the ground of the obstruction of performance of official duties, came to the house of the Defendant on the third floor of the above building. After finding out the Defendant’s house located far away from the Defendant’s house’s house through windows, the Defendant opened the house entrance of the Defendant, and the Defendant opened the entrance after opening the entrance.

The Defendant heard from F to F that the Defendant would enter the Defendant’s house to confirm and receive 112 reports from domestic violence, and the Defendant took a bath to F himself, and obstructed the police officer’s lawful performance of duties concerning handling the F’s 112 reports by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. A written statement;

1. The criminal place;

1. Each photograph;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution Article 62(1) of the Criminal Act: Article 62(1) of the Act on the Suspension of Execution [Scope of Obstruction of Performance of Official Duties] : Article 62(1) of the Act on the Suspension of Execution ; Article 62(1) of the Act on the Suspension of Execution ; Article 62(2) of the Act on the Protection of Specific Crimes without any basic area (6 to 1 year and 4 months) / [Scope of Recommendation ] Standard / [Scope of Punishment ] Reduction area (1 to 6 months) (Special Mitigation of Property Destruction, Damage, etc.] (the scope of

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