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(영문) 울산지방법원 2020.07.31 2020고단931
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 01:10 on March 1, 2020, the Defendant: (a) was drunk in the front corridor of an elevator of the fourth apartment floor in Yangsan-si, Yangsan-si; (b) was under the influence of alcohol in front of the elevator of the fourth apartment; and (c) was called out after having received a report by neighboring residents, asked the police officer of the Yangsan Police Station C (a police box) to ask the Defendant for personal information in order for the Defendant to have the Defendant returned home; and (d) was able to cause the Defendant

Accordingly, 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. Application of internal investigation reports (Attachment of photographs) and investigation reports (the confirmation of cell phone images taken at the same time) Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] there is no person subject to the coercion of official duties] (the scope of recommendations and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for 6 months and 2 years of suspended execution, the nature of the crime is hot and the possibility of criticism is high in light of the details, motive, contents, methods, and patterns of the crime;

There is a need for strict punishment in that the crime of obstruction of performance of official duties is a crime that interferes with police officers' legitimate performance of duties and meets the public authority of the State.

This is disadvantageous to the defendant.

However, the fact that the defendant recognizes his own crime and reflects the mistake in depth, the crime of this case is likely to occur in the state of drunken, and the defendant expresses his intent to commit the crime against the victimized police officer in this court, and the crime causes any harm to the life or body of the victimized police officer.

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