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(영문) 울산지방법원 2016.09.27 2016고단2900

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On August 20, 2016, the Defendant received a penalty for cmate in front of the “Cat” way in Ulsannam-gu B, Ulsan-gu, and received a report of 112 from a person who provides old-ururology, and was called out, the Defendant was issued a penalty for a catology E belonging to the D District Unit of the Ulsan-gu Police Station and a police officer F.

The Defendant: (a) obstructed the police officer in front of the patrol car, and (b) took a bath to the police officer; and (c) obstructed the F from the patrol car to the police officer’s hand to stop this.

The Defendant assaulted F, who is a police officer, thereby obstructing the police officer’s legitimate performance of duties concerning the dispatch of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Class 1 (Interference with and Compelling of Duties) [Special Sentencing] mitigation element: Where the degree of violence, intimidation, and deceptive scheme is minor: Imprisonment with prison labor for one month to eight months (limited to the scope of the recommended punishment) [whether suspended sentence is suspended or not] Comprehensive comparison and evaluation of the reasons for suspended sentence - Where the degree of assault, intimidation, and deceptive scheme is minor: Where the degree of harm, intimidation, and deceptive scheme is minor, the reason for general consideration is obvious - there is no clear social relation, serious reflectness, or criminal records of a suspended sentence or heavier punishment;

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