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(영문) 울산지방법원 2020.06.03 2020고단456
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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. Around January 5, 2020, the Defendant assaulted the victim’s face face, etc. by using the Defendant’s hand floor and scam, etc., within the main point of C located in Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu, with the victim D (36 years of age) who was drinking in the next table b.

2. The Defendant, at the time and place specified in Paragraph 1, committed an act of obstruction of performance of official duties on the following grounds: (a) the police officer of the Ulsannam Police Station E-gu, Ulsannam Police Station, who was requested to produce identification cards from the police officer F and patrolmen belonging to the E-gu, Ulsan Police Station E-gu, and tried to take a bath to G police officers, and assault the right face of the said G once

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of Acts and subordinate statutes to photographs damaged by violence and obstruction of performance of official duties;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 on probation and community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (the maximum of crimes No. 2).

3. To establish a decision-making order of the sentence and the public authority;

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