beta
(영문) 울산지방법원 2017.09.14 2017고단2522

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2017, the Defendant: (a) 20:45 on July 1, 2017, at the Yangsan Police Station C box located in Yangsan-si B, Yangsan-si, to the assistant D affiliated with the above police box asking for the personal information, etc. of the Defendant to return home to the Defendant.

The inside house flab z.

“A person subject to penalty payment notification from D on the ground of the disturbance of drinking alcohol by avoiding the disturbance,” and the Defendant committed assault, such as assaulting the victim, etc. of the above D on one occasion due to the loss of the victim.

Accordingly, the defendant interfered with legitimate execution of duties concerning the notification of penalty payment by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Taking into account the fact that it is difficult to regard the degree of assault as a serious level at the time of obstructing the performance of official duties for sentencing under Article 62(1) of the Criminal Act, including the fact that there is no criminal record of the same kind of violence, and that the police officer who was assault does not want