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(영문) 울산지방법원 2016.06.13 2016고단1334

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

On April 11, 2016, the Defendant committed assault in a way that is suitable for B’s chest, a police officer belonging to the Ulsan Southern Police Station, by voluntarily accompanying the Defendant to the above location in relation to domestic violence, and by taking a cell phone with sound under the influence of alcohol, where the Defendant was under the influence of alcohol, and was able to take a walk for subsequent investigation.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of each CCTV image statute;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) is an act that infringes the public authority, and the liability for such crime is not minor, but has no record of the suspension of execution or any heavier record,

1. The purport that the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime, and the assertion is not accepted in light of various circumstances shown in the records and arguments.