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(영문) 울산지방법원 2017.10.26 2017고단2941
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

Criminal facts

The Defendant, at around 17:20 August 11, 2017, put in a police box C of the Yangsan Police Station C at Yangsan-si, Yangsan-si, without any justifiable reason, “a police officer who works there” in his/her port, she shall do so to the police officer.

십쌔끼야, 야 이 씨발 년 아 니 년은 뭐고 내가 벌금이 얼마나 있는 줄 아나 ”라고 욕설을 하며 15 분간 소란을 부리는 것에 대하여 그 곳 소속 순경 D으로부터 귀가할 것을 권유 받자 D의 멱살을 잡아 수회 흔들었다.

Accordingly, the defendant assaulted the police officer who is performing official duties to maintain order, such as police boxes, and obstructed the legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and CCTV images;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 44-2 of the Act on the observation of protection, medical treatment, custody, etc.;

1. Type 1 (Interference with the execution of public duties and coercion of duties) in the basic area (from June to June) of the sentencing criteria; and

2. Circumstances disadvantageous to the reasons for sentencing: the Defendant, while under the influence of alcohol, was in the police box, used abusive and violent assault against a police officer working at the police box at the lower level, and the nature of the crime is not somewhat weak; the same criminal records are several times, and the possibility of recidivism in light of the character and conduct of the Defendant appears to be high: (a) the Defendant reflects the instant crime; (b) the Defendant appears to have any aspect of treating contingent crimes under the influence of alcohol; and (c) the Defendant shows the intention of treatment for the existence of alcohol that has caused repeated crimes; and (d) taken into account all other circumstances, such as the Defendant’s age, health, home circumstances, and circumstances after the crime.

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