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(영문) 울산지방법원 2019.08.23 2019고단1216
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 March 2, 2019, at the defendant's house located in Ulsan-gu, Ulsan-gu, Seoul-gu, and around 02:36, the defendant was living together with a female of the defendant, who was living together with the female of the defendant, was faced with a disturbance, such as a disturbance. The defendant's "as soon as possible" of the said female living together with the said female, dispatched pursuant to the 112 report, and made a statement about the details of the report, etc. from the person living together with the said female's father pursuant to the 112 report, "A." The defendant was called "A." to the head of Ulsan-nam Police Station C District D (48 years old) affiliated with the Ulsan-gu, Ulsan-gu, Police Station C District, and the defendant tried to hear the statement about the situation that the above defendant tried to see the female living together with the said female, disregarded it, and continued to have the said female living together with the said female, and it was hard to see that the said D's chest's chest was individually 1 d.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of the above D 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (report on the verification of CD screen pictures);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. The sentence shall be determined as ordered in consideration of various sentencing factors, such as the Defendant’s age, environment, motive for the crime and circumstances after the crime, etc., where the Defendant made a confession of the crime of this case and the mistake is divided, there exists no record of punishment exceeding the same kind of crime or fine, and there is no record of punishment exceeding the same kind of crime or fine.

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