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(영문) 울산지방법원 2020.06.12 2020고단770
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five 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

At around 05:30 on February 10, 2020, the Defendant, at the front of the residence of the Defendant located in the building B in Ulsan-gu, Ulsan-gu, B, and at the front of the residence of the Defendant, the Defendant: (a) sent to the police officer belonging to the Ulsannam Police Station E-gu, Ulsannam Police Station, the Defendant’s spouse, after receiving a report of 112 on the Defendant’s domestic violence; and (b) the Victim G (24 years of age) who was a police officer belonging to the same police officer, who was a police officer belonging to the Ulsannam Police Station E-gu, Ulsannam Police Station; (c) took a defective bath to ascertain the Defendant’s personal information and the circumstances of the case; and (d) took a two hand, he pushed the

(A) Of the facts charged, the part of the Defendant’s chest was sealed once by the victim H, without sufficient evidence to acknowledge it. Accordingly, the Defendant interfered with a police officer’s legitimate execution of duties in relation to the handling of reporting 112.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and F

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crimes of obstruction of performance of official duties against G workers);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”), which is favorable to the defendant;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties and coercion of duties [Special Convicts] - mitigated elements: In cases where the degree of violence is minor, [the scope of the recommended area and the recommended sentence] mitigation area, there is no person who has been sentenced to imprisonment with labor for one month or for eight months [the grounds for suspension of execution] - Where the degree of violence is minor, the grounds for suspension of execution - Where the degree of general pride is minor, the grounds for suspension of execution are clear social relation, and serious radius.

3. The fact that the defendant's decision on the sentence of sentence accompanied with a serious bath to the police officer in uniform is disadvantageous, or that the degree of violence is minor, that the defendant is pening in depth, and that it is contingent.

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