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(영문) 울산지방법원 2017.08.18 2017고단1822

공무집행방해

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 26, 2017, the Defendant filed a report of disturbance 112 as the date of sending the disturbance within the control points located in Ulsan-gu B around 21:05, Ulsan-gu, Ulsan-gu, and received the said report and called out to the site, and demanded the monitors to exchange the patrol vehicles on the D constituency belonging to the Ulsan-gu Police Station Down-gu, Ulsan-gu, Seoul-do, Police Station E, and the patrol vehicles on the Gyeong F, who were on the part of the site; and “Isson”

For those who were asked "", they expressed a serious desire to "I am in place", and the above F, who asked the personal information of the defendant, "I am in person" and "I am in person with the face of the above F, and repeated actions to am in person with hand, I am in person with the face of the above F, "I am in person", and am in person with the face of the above F, and am in person, I am in person, and am in person.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the dispatch of 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Even if the Defendant’s assertion that he/she was unable to memory under Article 62-2 of the Criminal Act because of the influence of alcohol under Article 62-2 of the Criminal Act, the Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime in light of the background leading up to the instant crime, the means and methods of committing the instant crime, and the progress after committing the instant crime.

Therefore, the above argument cannot be accepted.

The reason for sentencing [tangible Decision] The reason for the obstruction of the performance of official duties is that the basic area of the first type (the obstruction of the performance of official duties and the coercion of duties) [Determination in the sphere of recommendation] [the scope of recommendation] six months to one year and six months [whether suspended sentence is suspended] - General Reasons for Reasons of Suspension of Execution: A person who has been sentenced to suspended sentence not less than twice adversely.