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(영문) 울산지방법원 2020.01.14 2019고단3935

공무집행방해

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:40 on October 5, 2019, the Defendant: (a) reported 112 that there was a person who wants to engage in money without paying money when purchasing bread, and (b) expressed a desire to ask questions about the personal information from the head E belonging to the Busan Police Station D District Unit E, which was called out, and threatened him with the body of E in his hand, and threatened him with his hand; (b) removed him from the slope F sent out together, and pushed him with the blue F.

The above police officers tried to take a notice disposition against the Defendant as a disturbance for drinking, and “Ye Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana,” threatening the Defendant as his hand, and assaulted F in both hands.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each statement of E and H;

1. Application of the photographic Acts and subordinate statutes;

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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The fact that the reason for sentencing of Article 62-2 of the Criminal Act is recognized, and the fact that there is no previous conviction exceeding the fine is favorable to the defendant.

On the other hand, there is an assault against police officers while taking a bath to police officers, and two police officers who have been assaulted are disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.