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(영문) 울산지방법원 2017.11.27 2017고단3908
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 September 10, 2017, at around 09:05, the Defendant received a 112 report and received a request from E and policeman to present an identification card from the police officer assigned to the police patrol unit affiliated with the Ulsan Southern Police Station D commander of the Namsan Police Station, who was dispatched to the site after receiving a 112 report, and the Defendant made the Amba, while performing the Ambacination, and the above guard E “Amba tymba tym tym tym tym tym tym tym tym tym tym tym tym tymba, the police will die, the police will die, and the police will die.

Along with a large sound, she saw as “the opening of a dog, she shall do so”, she saw a disturbance, frightened a brush that was set up in front of the above convenience store, and assaulted by the following: (a) the situation E is about to be fladated; and (b) the situation E.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. The application of the CD(s)-related Acts and subordinate statutes;

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 suspended execution (the existence of a criminal record of the suspended execution of the same type or a violation of the legal interests and interests of the victim themselves of the obstruction of the performance of official duties shall be considered, but there is no record of punishment due to the obstruction of the performance of official duties, or the appointment of suspended execution within the scope of the basic sphere of interfering with the performance of official duties in sentencing guidelines, in consideration of various circumstances

1. Article 62-2 of the Criminal Code of the Social Service Order / [Judgment on the Defendant’s argument] The Defendant asserted to the effect that he was in a state of mental or physical weakness at the time of committing the instant crime, but the Defendant does not accept such assertion in light of various circumstances

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