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(영문) 울산지방법원 2013.08.30 2013고단2412
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 May 29, 2013, at around 03:15, the Defendant 112 patrols (12) with the right side of the 112 patrols (No. 12), while drunk in front of the entrance entrance of the Yangsan Police Station C District, which was located in Yangsan City B, and obstructed police officers’ duties who were working in the said district office several times, and assaulted the said D’s left side side part of the said D one time, by being informed of police officers’ failure to return home from the security guards D belonging to the Yangsan Police Station C District.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV attachment and report on confirmation of the contents of the recording);

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 (Considering the following grounds for sentencing)

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

1. The basic area of the crimes of obstruction of the performance of official duties, the scope of the sentencing guidelines for recommendations: Imprisonment with prison labor for not less than six months nor more than one year and four months;

2. The sentence shall be determined as ordered in consideration of various sentencing conditions, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., where the Defendant was sentenced to the sentence, where there is no criminal records of suspended execution or more, and where the results of the obstruction of performance of official duties in this case are not serious.

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