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(영문) 울산지방법원 2014.05.27 2014고단687

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 24, 2014, around 02:30, the Defendant avoided disturbance, such as opening doors to comply with D's debt, before the Defendant's penal house located in Ulsan-gu Cirreg-gu 205, Ulsan-gu, U.S., U.S., and opening the door to comply with D's debt.

Therefore, E, a police officer, who was called upon 112 report, prevented him from opening a door, and assaulted by the police officer, such as intending to get the head of the above police officer, as a smaller, a dangerous object cited.

Accordingly, the defendant carried a 112-reported ward, which is a dangerous object, and interfered with the legitimate execution of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of the Acts and subordinate statutes to pictures of soldiers used for committing the crime;

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. The reason for sentencing of Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] In the case of carrying dangerous articles (one year or four years of obstruction of the performance of official duties) [the person under special guard] [the decision of sentence] [the defendant] upon receiving 112 report, the defendant interfered with the performance of official duties by assaulting the police officer dispatched to the police officer, such as attempting to take the head as a main soldier, etc., and the nature of the crime is heavy.

However, in light of the fact that the defendant's mistake is divided and reflected, and the damage was not significant because the police officer was not directly at the time of the instant case, and that the defendant was not punished beyond the fine due to the same kind of crime, the defendant did not have any record of punishment. In addition, in full consideration of all the conditions of sentencing including the circumstances leading to the instant crime, family relation, etc., and the sentencing guidelines as seen earlier, the decision is made as per Disposition.