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(영문) 울산지방법원 2019.03.14 2018고단3883
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

From around 23:45 on December 5, 2018 to 1112 when the Defendant was under the influence of alcohol, the Defendant was found at the police box located in Yangsan-si B on December 6, 12, 196, which was the following day, and then was found at the police box located in Yangsan-si B, and was not dispatched by the police officer despite his/her 112 report, and the Defendant was able to pay the Defendant’s taxi expenses to the police officer at the above police box in lieu of the Defendant’s taxi expenses, or the police officer (31 years of age) affiliated with the above police box who was under the influence of smoking due to smoking in the indoor area due to smoking, etc. while he/she was under the influence of smoking in the inside, he/she interfered with the Defendant’s performance of duties by keeping the order of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of photographs and CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Probation and community service order Article 62-2 of the Criminal Act, which has been punished several times as a crime of obstruction of performance of official duties for the reason of sentencing, but again led to the crime of this case. On the other hand, the crime of this case is divided after the crime, the purport of the crime is expressed to the damaged landscape, and a part of the damages is deposited, and the treatment of mental illness, such as proof of alcohol, which seems to be the cause of the crime of this case, is performed, including the defendant's age, occupation, character, character, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined by taking into account the following factors: the execution thereof shall be suspended; probation and community service shall be ordered to prevent recidivism.

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