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(영문) 울산지방법원 2016.11.08 2016고단3387

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2016, at around 13:30, the Defendant was asked of the police officer C and D to ask questions about the situation of the instant case to which the police officer of the racing police station belongs and D, who was called out after receiving 112 report that the Defendant s/he s/ she s/ she s/ she was seated

While the Defendant lacks the ability to discern things or make decisions due to an unidentified mental disorder, the Defendant interfered with the police officers’ legitimate performance of their duties concerning handling of 112 reports, such as: (a) the Defendant took a bath that it is difficult for the police officers to enter the facility; and (b) the Defendant took a drinking when he was on the breast part of C; and (c) the Defendant carried the breast part of C with his hand and was elbbowed by pushing the chest part of C; and (d) interfered with the police officers’ 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and C

1. Article 136 (1) of the Criminal Act concerning the facts constituting the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment prescribed for the crime of obstruction of performance of official duties against C heavier than that of the principal);

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for the recommendation [decision of types] of the obstruction of performance of official duties (the obstruction of performance of official duties/performance of duties): The degree of violence, intimidation, and deceptive scheme is insignificant, and the severity of mental and physical disability (no person responsible): A majority (two police officers) of the damaged public officials [the scope of recommending punishment] imprisonment with prison labor for one month or for eight months (the area of mitigated punishment)] - There is no reason for taking into account the suspension of execution - there is no reason for a comprehensive comparison and evaluation - There is no reason for a negative reference - The degree of assault, intimidation, and deceptive scheme is insignificant - there is no reason for a negative general reference : There is no reason for a serious reflect, there is no criminal offense beyond a suspended sentence, and the health of the accused is very poor;

2. Six months of imprisonment with prison labor and one year of suspended sentence;