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(영문) 울산지방법원 2015.01.22 2014고단3785
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

On November 23, 2014, the Defendant: (a) 01:28 on the street in front of Ulsan-gu B, Ulsan-gu, the Defendant 112 reported that he was sitting on the road under the influence of alcohol; and (b) on the part of the Defendant’s residence, the Defendant she saw the above D and the above E for about twenty (20) minutes, without any obvious reason, on the ground floor of the patrol, and obstructed the progress of the patrol car by putting the said E, she was fluoring it on the front of the patrol; and (c) she was fluoring the above E, she was fluoring it on the front of the patrol, and threatening him, she was fluoring it, and she was fluoring it on the front of the patrol.

In addition, the Defendant arrested a flagrant offender on charges of obstruction of performance of official duties, etc. at the Ulsan-dong Police Station C District in Ulsan-gu, Ulsan-gu, and when taken place, the Defendant assaulted the above E’s lower part of the contact number of the Defendant on one occasion at his port.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on patrol and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of the investigation report (Attachment, such as a copy of the victim's identification card, CCTV, etc., attachment of CCTV, etc.), a copy of the police officer's identification card, a C District Office's work log, a patrol car, a notification to the department related to the report of the 112th Incident, three copies of patrol patrols CCTV filmings, CDs for video-recordings, CCTV images, and five copies of field photographing photographs;

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. The reason for the sentencing of Article 62-2(1) of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The basic area of the first category (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) (6-1-4 months) of the Act on the Performance of Official Duties (Pronouncement Decision] cannot be deemed to be minor for committing a crime such as assaulting a police officer. However, it is not good for many criminal records such as violent criminal records, but it is erroneous for him/her and against him/her.

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