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(영문) 울산지방법원 2019.10.16 2019고단2481
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

피고인은 2019. 6. 9. 00:05경 울산 중구 B에 있는 C 앞 노상에서, ‘술 취한 사람이 누워 있다.’는 112신고를 받고 출동한 D지구대 소속 순경 E으로부터 귀가하라는 권유를 받고, 술이 깨면 D지구대에 보관 중인 자전거를 찾아가라는 설명을 들었음에도 욕설을 하면서 E에게 시비를 걸고, 손을 들어 E을 때리려는 시늉을 하였다.

The Defendant continued to board the patrol vehicle, and committed assault, such as getting off the patrol vehicle at drinking, getting off the glass of the patrol vehicle at drinking, getting off the front window of the defective patrol vehicle to leave the scene of the case by operating the patrol vehicle, and preventing the progress of the vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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 applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The defendant's decision on the sentence of this case led to the confession of the crime of this case and is divided, there is no record that the defendant was punished for the same crime of this case, establishing national order and eradicating the light of public authority. The defendant's crime of obstructing the performance of official duties of this case requires strict punishment. The defendant's crime of obstructing the performance of official duties of this case is not less complicated, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all other circumstances shown in the records after the crime are considered in accordance with the sentencing guidelines.

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