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(영문) 울산지방법원 2019.09.18 2019고단1895
공무집행방해
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

On March 27, 2019, at around 22:20 on March 27, 2019, the Defendant assaulted the Defendant at one time on the part of the above slope E, the police officer’s legitimate execution of duties concerning the duty of dispatch of report 112, on the ground that the Defendant sent a 112 report in front of the convenience point in Ulsan-gu C, Ulsan-gu, under the influence of alcohol, and the slope E belonging to the Ulsan-dong Police Station D Zone D, Ulsan-gu, and the Gyeong F, who solicited the Defendant to return home, and thereby interfered with the police officer’s duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning internal history reports (Attachment of a victim’s faccam image), caps and photographs, video bags, and video backups;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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 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] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. In order for the Defendant to make a confession and repent of the instant crime, to establish national order and eradicate the danger of public authority, it is necessary to strictly punish the crime of obstruction of the performance of official duties. The Defendant’s crime of obstruction of the performance of official duties in this case is that the liability for such crime is not less complicated, and all other circumstances indicated in the records, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., after considering all the circumstances revealed in the records, such as the Defendant’s age, character and behavior, environment, motive,

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