beta
(영문) 울산지방법원 2020.10.15 2020고단1692

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 01:00 on April 5, 2020, the Defendant: (a) committed an assault against a mobile phone with D’s face, blue blue, and was arrested on the charge of obstruction of performance of official duties at around 02:00 on the front side of Ulsan-dong Police Station, Ulsan-dong, Seoul District Police Station, which received 112 reports, to stop an act of disturbance of drinking, and encourage the Defendant to return home to the police station of Ulsan-dong Police Station: (b) “This blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue, etc.; and (c) was arrested at around 02:00 on the same day by a police vehicle boarding the police vehicle to move to the detention room of the Ulsan-dong Police Station.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Sable image images of a black stuffing video;

1. Application of the Acts and subordinate statutes to report on investigation (to attach CCTV images to generating places);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The following circumstances are considered in light of the following: (a) the crime committed by a police officer who frightened his/her behavior by spreading the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; and (b) the crime was committed by a police officer again by exercising violence against him/her; (c) the crime was committed by a police officer who was punished by a fine and received medical treatment for alcohol existence; (d) there is no previous conviction exceeding a fine; (e) the Defendant’s health and economic situation is not good; (e) there is a family member to support; and (e) one million won is deposited for a victimized police officer;