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(영문) 울산지방법원 2019.05.08 2019고단548
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. At around 15:00 on January 19, 2019, Defendant A: (a) confirmed that the border F, who was dispatched to the scene after receiving a report from the Defendant’s wife at the Ulsan-dong Police Station E zone in Ulsan-dong, Ulsan-dong, Seoul-gu, and confirmed that the assault was inflicted by the Defendant; (b) threatened the Defendant with the Defendant with the defect in confirming the circumstances of the instant case; (c) as a result of the arrest of the Defendant as a flagrant offender of the crime of assault, the Defendant sent F with the desire to “I will am provoking, and will am provoking.” (d) Doing the Defendant’s head with his hand, skeing the Defendant’s face, and assaulted the FF’s face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

2. Defendant B expressed his desire to arrest A as a flagrant offender in the crime of assault at the time and place specified in paragraph (1), and the head of Ulsandong Police Station E-districted, Ulsandong Police Station, which intended to arrest B as a flagrant offender in the crime of assault, and assaulted F by plpling and plucking F’s arms with hand, and plucking F’s length.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, F, H, and I;

1. On-site photographs;

1. Application of Acts and subordinate statutes on criminal investigation reports and telephone communications of witnesses;

1. Relevant provisions concerning the facts constituting an offense and the Defendants who choose the penalty: Article 136 (1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants on probation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] of obstruction of the performance of official duties [Article 1] The obstruction of the performance of official duties/performance of official duties [No person who has been subject to special punishment] [the scope of recommendations and recommendations].

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