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(영문) 울산지방법원 2019.01.10 2018고단2081

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 5, 2018, at around 23:25, the Defendant reported 112 that the Defendant avoided disturbance on the second floor of the subway station located on the river basin in Yangsan-si, Yangsan-si, the second floor of the subway station located on the river basin in Yangsan-si, Yangyang-si, which was called by the Defendant, when C, a police officer of the Gyeongyangsan Police Station B police box affiliated with the Gyeongyangsan Police Station B, who was called out, attempted to take a measure for returning home, knife C, and D with her hand, and her drinking part.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. A written statement of E and F;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts / [Selection of imprisonment with prison labor]

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Although a suspended sentence under Article 62(1) of the Criminal Act had the record of punishment due to the act of violence, etc. committed by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, it is again committed the crime in this case. On the other hand, the mental and medical treatment is being given in order to repent and not repeat again after the crime, taking into account the defendant's age, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime, etc., and the conditions of the sentencing indicated in the record