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(영문) 울산지방법원 2015.04.23 2015고단552

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 February 21, 2015, at around 04:07, the Defendant heard the Defendant’s 112 Report (193) at the Defendant’s residence located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and sought to record the Defendant’s face by drinking the Defendant’s 112 Report (193), for the reason that E was aware of the details of the report. The name was assigned to the Defendant, why is, the Defendant was called the Defendant’s name. The Defendant tried to see the Defendant’s chest one time as a drinking, and to see the Defendant’s face as drinking.

Ultimately, the Defendant interfered with the legitimate performance of duties by police officers on crime prevention, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : The basic area of obstruction of the performance of official duties (6-1-4 months) / [decision of sentence] / On August 2, 199, and December 7, 2007, the Changwon District Court sentenced each fine of one million won for obstruction of the performance of official duties, etc. In the same case, even when the police officer was detained in the detention room in the detention room in this case, the defendant should be punished strictly because of the nature and circumstances of the crime, such as insulting the police officer, and the issuance of a summary order of two million won for a fine. However, even if the police officer was detained in the detention room in this case, the sentence should be determined as ordered by taking into account the records such as the defendant's age, character and behavior, environment, etc.