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(영문) 울산지방법원 2020.10.22 2020고단1493

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

On March 3, 2020, at the main point of “C” located in Ulsandong-gu B, Ulsan-gu, and at the 1112 report, the Defendant, who refused to disclose personal information to E and attempted to leave the D District Police Station affiliated with the Ulsan-dong Police Station D District, which was dispatched by the Defendant, and attempted to leave the entrance and exit several times, assaulted E, such as by hand, who was demanded by the above E to use toilets located within the main point, and intending to wear down the back of E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of CD’s film-related statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Taking into account the following circumstances: Probation and lecture attendance order or the crime of obstruction of the performance of official duties, including a number of criminal records, including a suspended sentence of imprisonment on two occasions for the reason of sentencing under Article 62-2 of the Criminal Act; the crime committed by assaulting a police officer is bad; the degree of violence inflicted upon a police officer is not strong; the crime is excessive to a police officer who has suffered damage; and the minor child and other family members are supported;