beta
(영문) 울산지방법원 2018.12.21 2018고단2662

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

Around 00:05 on November 201, 2018, the Defendant: (a) on the street of 102, the water franch apartment 185, in Yangsan-si, Yangsan-si, 185, with the notification of 112, and caused the Defendant to cause the Defendant’s loss; and (b) on the ground that the creamble belonging to the Yangsan Police Station C District, which was called up upon the notification of 112, the Defendant: (c) stated the said D to the said D, “Isket,” “Isket,” “Isket,” “Isket,” and “Isknsan, who was in possession of the said D, walking the left side of the said D’s humbb, walking the humb, and walking the humbing by using the humbble, and walking the said D’s hump to the left.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the protection of the lives of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos 2 and 3);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is committed by the police officer who was dispatched to the scene after receiving a report by the defendant 112, and was unable to cause a breath on the street, thereby obstructing the legitimate execution of duties by the police officer, by assaulting the police officer, such as wearing Dosan who was in possession of a police officer’s breath while taking a bath on his/her own breath and walking the bridge and arms with a police officer’s breath, etc., and obstructing the police officer’s proper execution of duties. The crime of this case is not proper in light of the method and form of the crime, the circumstances at the time of the crime, etc., and the degree of the assault is not weak, and the crime of this case is not somewhat unfavorable to the defendant, such as taking the breath of the police officer’s breath in the course of the crime.

However, the defendant committed his crime.