beta
(영문) 울산지방법원 2017.02.03 2016고단4595

공무집행방해

Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2016, the phrase “ December 22, 2016” in the facts charged appears to be a clerical error in the phrase “ December 21, 2016.”

Around 23:40, “C” operated by the Defendant’s wife of the Defendant of the B B of Ulsan-gu, Ulsan-gu, Ulsan-gu, and 112 reported the Defendant’s wife and sent out, E, a police officer affiliated with the Ulsan-gu Police Station D police box, called the Defendant’s wife, tried to return home to the Defendant’s wife by carrying the Defendant’s wife into the patrol vehicle.

The defendant, while keeping this, knife, knife the son worn by E, and knife it over E in front and rear of the several times.

Ultimately, the Defendant interfered with the legitimate execution of police officers' duties regarding suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Class 1 (Interference with and Compelling of Performance of Official Duties) [Special Sentencing) mitigated element: Where the degree of assault, intimidation, and deceptive scheme is minor [Scope of the recommended sentence] Imprisonment with prison labor for one month to eight months (whether suspended sentence is suspended or not] The grounds for suspended sentence are comprehensively compared and assessed - There are no major reasons for adverse consideration: Where the degree of assault, intimidation, and deceptive scheme is minor, there is no reason for adverse general consideration - there is no reason for negative general consideration - there is no reason for positive consideration - there is no special reason for negative general consideration - there is a clear social relation and serious reflectivity.

2. The Defendant’s wife committed the instant crime during the course of taking domestic violence treatment lectures and during the duration of protection observation under the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, following the frequent occurrence of frequent problems with the wife with additional considerations. The instant crime also committed the instant crime against police officers who called out to the wife after physical collision with the wife to have the wife safely returned to the Defendant. As such, the Defendant’s wife did not have much possibility of criticism.