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(영문) 울산지방법원 2019.10.25 2019고단1831
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 21, 2019, around 21:34, 2019, the Defendant: (a) reported 112 on the road in front of Ulsan-gu B, Ulsan-gu; (b) prevented the Defendant who was sent to the Defendant by the police officer affiliated with the Ulsan-nam Police Station C District Unit of the Ulsan-gu Police Station C District; (c) took a bath to the said D, stating that “the Defendant shall sat off, sat off, sat off, and sat down; and (d) assaulted the Defendant by sating the flap of the said D with his hand.

By doing so, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. 112Report settlement statement;

1. Application of Acts and subordinate statutes (Evidence No. 11 of the evidence list) to the video closures;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Act on the Acceptance of Crimes and the Forms of the Crimes; (b) the details and circumstances at the time of the crimes; (c) the nature and circumstances of the crimes are not good; (d) the establishment of the state’s legal order in order to eradicate the light of the public authority, it is necessary to strictly punish the crimes of obstruction of performance of official duties such as this case; and (e) the liability of the crimes is not less strict; (b) even if there was no record of punishment by the victimized police officers several times for the same violent crimes, the crime of this case was committed in a series of times; (c) the Defendant committed the crime of this case; (d) the Defendant was committed in violation of the law and depth; (d) the Defendant was recognized and was committed in violation of the law; and (e) the degree of interference with this case’s assault and official duties was not much serious; and (e) there was no criminal record exceeding the fine.

In addition, the age, character and conduct, environment, family relationship, motive and consequence of the crime of the defendant.

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