beta
(영문) 울산지방법원 2020.09.16 2020고단2822

공무집행방해

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

Around 00:48 on June 2, 2020, the Defendant, at the Nam-gu public parking lot B in Ulsan-gu, Ulsan-gu, Seoul-si, upon receiving a report of 112 that the Defendant was under the influence of alcohol, was subject to restraint to police officers D, etc. belonging to the Ulsannam Police Station C District of the Ulsannam Police Station C District, Ulsan-gu, Busan-do, and her hand, was at one time at the face of the above police officer twice.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime prevention and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 to establish a state order of sentencing and eradicate the light view of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties. The defendant's crime of obstruction of official duties in this case is not less than that of the crime, the defendant's criminal liability is recognized, the defendant has no criminal penalty power exceeding the fine, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., and the records revealed in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., shall be determined as ordered