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(영문) 울산지방법원 2021.02.09 2020고단4924

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 10, 2020, the Defendant asserted to the effect that the police officers called up on October 22:16, 202, upon receiving a report that “ female prisoners are under the influence of alcohol,” dealt with rapes in themselves, and there was a fact that he was a criminal dispute with the police officers called up.

The defendant on the same day 23:15 Busan Jin-gu

B. On the road, “The police officer handled rapes B, who received the 112 report, and proposed the police officer to take a bath to the police officer, who was under the influence of the Defendant to return to the Defendant, to the patrol vehicle, to the police officer’s front path of the police officer D belonging to the Busan Jin Police Station C District, by assaulting the police officer, who was under the influence of the police officer’s 112 report handling, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the report.

Summary of Evidence

1. Application of Acts and subordinate statutes to reporting criminal investigation into police statements filed by the defendant with regard to D in court;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant has a history of being sentenced to a suspended sentence of imprisonment due to robbery, special intimidation, etc. in the past, the fact that the defendant was not subject to a fine by the victimized police officer, the fact that the defendant was admitted to commit the crime, the degree of tangible power that the defendant exercised against the victimized police officer, the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the relationship of criminal records, and the various conditions of sentencing as ordered