beta
(영문) 울산지방법원 2016.11.25 2016고단3439

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 23, 2016, at around 23:10, the Defendant sent a disturbance before the C cafeteria located in Gyeyang-si B, and received a report, and told the Defendant to inform him of his personal information from F, a slope E and a policeman belonging to the D District of the Yangsan Police Station called.

The Defendant, who called “Chewing flachisp death,” was flachied by the Defendant’s face flachiscing part of F’s face, and flachiscing it, was flachid by hand.

Accordingly, the Defendant assaulted F, who is a police officer, F, and obstructed the police officer's legitimate performance of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the F/E;

1. Application of Acts and subordinate statutes to photographs, such as on-site, black booms, and to caps;

1. Article 136 (1) of the Criminal Act concerning the facts constituting the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crimes of obstruction of performance of official duties against E with heavier punishment);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Recommendation type [Determination of Sentencing] of the sentencing criteria for the obstruction of performance of official duties: There is no type 1 (Obstruction of Performance of Official Duties/Performance of Duties) [Limits of Recommendation] [Scope of Imprisonment] 6 months to 1 year and 4 months (basic area] / The grounds for the suspension of execution in comprehensive comparison and evaluation of the reasons for the suspension of execution / The reasons for the suspension of execution - The reasons for the suspension of execution - The same criminal records of the same kind (not more than five years, suspension of execution, or a fine not less than three times): There is no positive reason for the main reason for the suspension of execution - The reasons for the un

2. Additional consideration was given to a criminal record of the same kind of crime, which was subject to a fine of 2 million won on December 1, 2006, 4 months of imprisonment on October 24, 2013, and 2 years of suspension of execution, but the crime of this case was committed within a short period after the expiration of the suspension of execution. The crime of this case also used violence against police officers dispatched from alcohol while being under the influence of alcohol.