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(영문) 울산지방법원 2020.05.28 2019고단4660
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Around 00:50 on June 19, 2019, the Defendant reported 112 at the top of the C convenience point located in Osan City B, and provided the Defendant with a notice to check the details of the report and return home to the Defendant by the police officers E, etc. belonging to the Doosan Police Station, who called the Defendant, and provided the Defendant with a direction to check the details of the report, and prevent the Defendant from leaving the scene by boarding the patrol vehicle on his body, prevent the Defendant from getting off the patrol vehicle in front of the patrol vehicle and behind the patrol vehicle, and take hand through a free hold of the driver’s seat, and put the left hand on the front of the patrol vehicle with a hand, such as the beam of the patrol vehicle, front of the glass, and the free door of the driver’s seat.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the 112 Report Settlement Statement;

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

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

1. In full view of the reasons for sentencing under Article 62-2 of the Social Service Order Act, comprehensively taking into account all the factors leading to the instant crime, the degree of obstruction of performance of official duties, the defendant's age, environment, and circumstances after the crime, the sentence against the defendant shall be determined as ordered.

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