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(영문) 울산지방법원 2019.01.31 2018고단3157

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 12, 2018, at around 23:15, the Defendant: (a) received a demand from the staff of the police box of the Yangsan Police Station D that the Defendant did not pay the drinking value at the C cafeteria located in Yangsan City B, to present his identification card; (b) stated that “n’t the identification card or the first pit as soon as possible,” and (c) stated that the Defendant was the mother of the E head.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported duties due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the statutes governing photographs at the time of crime;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Determination in consideration of the reasons for sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] of the Suspension of Execution of Official Duties, including the fact that there is no basic area (6 to 1 year and 6 months), including the same kind of punishment [decision of sentence] (decision of sentence], the degree of violence and interference with official duties, and the fact that there is no emphasis on the degree of violence and interference with official duties, etc.