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(영문) 울산지방법원 2020.11.18 2020고단3215
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On June 30, 2020, at around 21:25, the Defendant, at the residence of the Defendant in Ulsan-gu B building C, and at the D Zone E, a police official belonging to the D Zone called D Zone, who received a report of domestic violence, flabed out of the house, and flabed off the victim’s leg, flab, tried to close the victim’s hallway, and prevented the victim from opening the door, the Defendant flabed the victim’s breast part of the chest by hand and pushed the victim’s body into the direction of the corridor.

As a result, the defendant interfered with the legitimate 112 reporting processing duties of police officers E in service.

Summary of Evidence

1. Application of the police's written statement E to the defendant's legal statement;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice 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 punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties/performance of duties [the scope of recommendations and recommendations], the basic area of recommendation [the scope of recommendations and recommendations], six months to one year and six months.

3. Determination of sentence: The sentence shall be determined as ordered, comprehensively taking into account the following circumstances of sentencing, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances and results of the crime of this case, and all the conditions of sentencing as shown in the records and arguments of this case, in addition to a suspended sentence of one year for a period of six months:

An unfavorable circumstance: The crime of obstruction of performance of official duties requires strict punishment for a crime that interferes with the exercise of legitimate public authority, and the normal circumstances that interfere with the duty of a police officer to report by violence: The fact that there is no record of punishment for the same crime.

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