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(영문) 울산지방법원 2020.06.23 2019고단4761
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant damaged property at around 01:00 on November 17, 2019, at the point of “D” in the operation of the victim C (54 years old) located in Ulsan-gu, Ulsan-gu, Seoul-gu, to ensure that the victim’s functions are not good and that the repair cost is equivalent to KRW 2.70,000,000.

Accordingly, the defendant damaged the victim's property.

2. The Defendant at the same place on the same day, around 01:25 of the same day, and at the same time, “Neging has broken down due to her microfics. Before having taken a bath,” the police officer F, who belongs to the Ulsannam Police Station E Zone E District called out after having received 112 a report, identified the details of the report, etc., and went beyond the floor of the above F by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of written estimates, CD 1-related Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

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: Imprisonment with prison labor for one month to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) No. 54, 01 [No. 1] Obstruction of Performance of Official Duties / No. (Special Aggravation of Punishment) [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage, etc. [No. 1] Damage, etc. of Property (including Special Punishment): where punishment is not granted (including serious efforts to recover damage), or significant damage has been recovered (in the area of recommendation and the scope of recommendation), reduction area, imprisonment with labor for one month or six months;

(c) Standards for handling multiple crimes shall be met;

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