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(영문) 울산지방법원 2016.07.22 2016고단1816

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2016, the Defendant: (a) was making traffic control by Ulsan-dong, New-dong, Ulsan-dong, Seoul-dong, and (b) on the grounds that the slope C belonging to the Ulsan-dong Police Station B was seated in the patrol car, and (c) on the ground that the situation D belonging to the same B was seated in the patrol car, the Defendant was making the patrol car a drinking, and (d) was wasted with the tax by carrying out the patrol car.

“A serious bath was made to D while doing so.”

Then, the Defendant interfered with the legitimate performance of duties concerning the traffic control of police officials on the ground that D is going to listen to the foregoing horses and get off from patrol cars, and as D with the hand floor of D being pushed up with D's chest, it interfered with the legitimate performance of duties concerning the traffic control of police officials.

Summary of Evidence

1. Statement by the defendant in court;

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

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 assault, intimidation, and deceptive scheme is minor [the scope of recommendation] imprisonment with prison labor for one month to 8 months (the scope of suspension of execution] as a whole, comparison and evaluation of the reasons for suspension of execution - Where the degree of assault, intimidation, and deceptive scheme is minor: In cases where the degree of assault, intimidation, and deceptive scheme is minor, the reason for suspension of execution is insignificant - positive factors: Serious reflection;

2. In that it interferes with the execution of official duties without any further consideration, the crime is deemed to have been committed without properly controlling the remainder of the crime under the influence of breathese nature, and there is no criminal record of the same kind.

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