(영문) 울산지방법원 2019.03.28 2019고단25

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2019.03.28 2019고단25

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 8, 2018, at around 23:43, the Defendant reported the assault case at around 112 on the same day. On the same day, the Defendant reported the assault case at around 23:54.

The Defendant, upon receipt of a report, recommended four persons, such as the patrol units No. 21 and police officers F, on board the patrol units No. 23 and the patrol units No. 23, to return home without justifiable grounds, and continued to enter the said patrol units without justifiable grounds, and the police officers prevented them from entering the patrol units for about 10 minutes, such as blocking the movement of the patrol units on their body to prevent any other patrol units and any other movement to receive 112 reports.

Accordingly, the police officers arrested the Defendant as a flagrant offender under suspicion of obstruction of performance of official duties, and brushed the patrol vehicle into the patrol vehicle No. 23, and assaulted the Defendant on the right side of the work clothes of G(28 years old), spiting the Defendant on the part of G (28 years old), spit the Defendant on the part of the patrol vehicle, as well as on the part of G (28 years old).

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the handling of the 112 Receiving Case.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

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: Suspension of execution. Article 62 (1) of the same Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2.The following circumstances are based on the sentencing criteria for each sentence:

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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