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(영문) 울산지방법원 2019.08.20 2018고단3152 (1)
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 21, 2016, the Defendant was sentenced to one year from the Busan District Court to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the period of parole was passed on February 28, 2017 when the sentence was executed in the Busan Detention House.

At around 04:30 on July 26, 2018, “A” in the forepart of Ulsan-gun B, Ulsan-gun, “Ap. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. was sent back after receiving 112 a report, “Ap. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop. Dop, said E Dop. Dop. Dop, said E Dop, Dop. Dop, had her desire to take the part of the right part of Party E with the left hand Dop as a flagrant offender, and the Defendant sp. Dop. d

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. A protocol of suspect examination of G police officers;

1. Each police statement of E and H;

1. Before holding: Application of Acts and subordinate statutes to criminal records and investigation reports (suspect A repeated crime and reporting of crimes during the period of suspension of execution);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties): Basic area (6 months to June); and

2. The punishment as ordered shall be determined by comprehensively taking into account the degree of assault, the fact that it is a repeated crime, the fact that it is a crime during the period of probation, the whereabouts of the defendant is unknown due to escape, and other various factors of sentencing, such as the age, character and conduct, environment and motive of crime, based on the sentencing

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