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(영문) 울산지방법원 2020.06.11 2019고단5161

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 December 9, 2019, at a restaurant located in Ulsan-gu B, Ulsan-gu, U.S. on December 16:28, 2019, the Defendant assaulted the above police officer to ask questions about where a police officer D belonging to the Ulsan-dong Police Station C district unit of the Ulsan-dong Police Station, which served after drinking alcohol and drinking it on 112, and called out after receiving a 112 report, and interfered with the protection of the lives, bodies, and property of the people of the above police officer, and legitimate execution of duties concerning public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes on the list of reported cases to the Ulsan-dong Department C District 112;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the police officers who want to protect the defendant who is in a congested state in a restaurant assault and interfere with the performance of official duties. Meanwhile, considering the recent situation of public authority, the defendant is seriously punished in light of the following: (a) the defendant led to the crime of this case; (b) the defendant has no criminal record of punishment for the same kind of crime; (c) the defendant did not receive a letter from the victimized police officers; and (d) the motive, background, method, and consequence of the crime; (d) the circumstances after the crime was committed; (e) the defendant’s age, environment, criminal record relation