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(영문) 울산지방법원 2015.01.16 2014고단2970

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 20, 2014, the Defendant: (a) around 00:12, the Ulsannam Police Station C District District, located in Ulsannam Police Station C District, and (b) tried to look at the slope E, who is living in front of the Ulsan Southern Police Station C District patrol unit belonging to the Ulsan Southern Police Station C District, to help the said E, and (c) to ask the said D whether he would be a son, and (d) to look at the said D in the direction of the F Sports Center’s signal belt, and (e) to look at the said D in the direction of the F Sports Center, and to take the bath for the said D.

Accordingly, the above D referred to the Defendant, and “I wish to see the Defendant,” and assaulted the victim’s chest part on one occasion by drinking the defect that “I will see why I will see?” and “I see why I will see? I am? I am? I am? I am.?”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (or a relative investigation into D parties for reference);

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of minor degree of assault, intimidation, and deceptive scheme (special mitigation) in the area of mitigation (one to eight months) of the area of obstruction of performance of official duties (one to one month) (special mitigation] [Determination of sentence] the defendant has the same kind of fine power once, and the police officer dispatched after receiving 112 report has interfered with the legitimate execution of duties, and the offense is disadvantageous to the defendant.

It is the factor of sentencing favorable to the defendant that the defendant has committed a crime, and that the defendant has not committed any damage.

Other conditions of sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the order.