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(영문) 울산지방법원 2020.12.23 2020고단4372
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

The Defendant had symptoms, such as depression, sulfur disorder, alcohol addiction, and suicide risk, and was under counseling support and management by the Jung-gu Seoul Metropolitan City B Administrative Welfare Center.

Around 14:40 on August 2, 2019, the Defendant was seeking counseling from the Defendant’s home located in Ulsan Jung-gu C and 2, Ulsan-gu with a high risk of suicide, and was seeking counseling with the local community welfare department D belonging to the above center. However, the Defendant threatened the above D on the ground that he was unable to sleep due to the public officials finding the Defendant, including the above D, and that he was annoyed and annoyed, due to his failure to sleep, and that he was in violation of the part of the Defendant’s arms ( approximately 21.5cm in total length, approximately 11cm in length, and about 11cm in length), while doing an act contrary to the part of the Defendant’s arms, the Defendant committed the act that was against the part of the Defendant’s arms, stating that “I are able to kill himself,” and as such, doing harm, such as self-harm, etc. without complying with the Defendant’s speech.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties related to counseling affairs of the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Investigation report (to hear victim E-mail statements);

1. Application of the existing Acts and subordinate statutes of one lux (No. 1) of the daily necessities that have been seized;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (Special Aggravation of Punishment): In cases of the aggravation of punishment: In cases of showing the threat of organization and heavy power or carrying dangerous articles (the scope of recommending area and recommendation), the basic area of the punishment, six months to one year and six months;

3. The defendant who was sentenced to sentence has committed the instant crime.

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