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(영문) 울산지방법원 2021.01.27 2020고단4984
공무집행방해
Text

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

Reasons

Punishment of the crime

On November 12, 2020, the Defendant: (a) was under the influence of alcohol and had a cambling dispute with the cambling in front of Yangsan City, B; (b) was arrested as a flagrant offender; (c) was sent to the scene after receiving a report on 112 that “two persons camb on the road”; and (d) was removed from the Defendant and the above cambmen (28 years old) assigned to the police box of Yangsan City, who were called to the site; (d) attempted to commit the above cambling while trying to commit the above cambling to the right side of the E; and (e) was plucked from the patrol to the back of the police box; and (e) was arrested as a obstruction of the performance of official duties; and (e) was released to the back of the cambing line with the said D patrol, along with the said cambling to the back of the cambing line.

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

Summary of Evidence

1. The application of five Acts and subordinate statutes to the defendant's legal statement E and D, three copies of the damaged parts, such as the site photographs and photographs of each police statement in the police statement of the defendant, three photographs by cutting down the patrol box image images, three photographs, and five photographs by cutting down the F hotel CCTV images;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. In addition to the sentencing circumstances of the defendant as stated in Articles 40 and 50 of the Commercial Concurrent Punishment Act, the sentencing conditions of the defendant, including the defendant's age, family relation, growth process, sex, living environment, the circumstances and result of the crime of this case, and all of the sentencing conditions mentioned in the records of this case, including the circumstances after the crime, shall be comprehensively considered and determined as ordered.

An unfavorable circumstance: The obstruction of the performance of official duties requires strict punishment for a crime detrimental to the function of the state by obstructing the legitimate exercise of public authority, and the police officers dispatched due to the defendant's violent exercise are active.

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