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(영문) 울산지방법원 2014.12.12 2014고단2956

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 September 13, 2014, the Defendant did not pay the drinking value in Ulsan Metropolitan City B on September 22 and around 00, 2014, and the Defendant was under the D Zone D with the light-line E belonging to the Ulsannam Police Station D District District, which called the above age club as a frank fright.

At around 22:40 on the same day, the Defendant paid the drinking value to the employees of the above-age clubs in front of the Nam-gu Seoul Metropolitan City, Ulsan Metropolitan City, and expressed that he was able to return home from E on the ground that he was shot, and that he was unable to return home from E on the same day, and that he assaulted E on the part of his right buckum.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Extradition Act

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing the execution of public duties) - Selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The punishment as indicated in the disposition shall be determined, considering the following: (a) the basic area (6-1 year and April) of the obstruction of performance of official duties (the scope of recommendations) under Article 62-2(1) of the Social Service Order Criminal Act; (b) the basic area (6-1 year and April 4) of the Act on Probation, etc. (the determination of the sentence] of the obstruction of performance of official duties; (c) the Defendant has no penal power exceeding the fine; (d) the degree of assault is relatively small; and (d