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(영문) 울산지방법원 2016.06.24 2016고단1244

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 April 12, 2016, in the "Csing room" located in Ulsan-gu B around 01:05, in order to arrest a flagrant offender with the suspicion of damaging the Defendant's future wind, E, who was called the "Csing room" with the notification of 112 that the customer f was satched and sent after receiving the notification of 112 that the customer f was satched, attempted to arrest a flagrant offender with the Defendant's future wind.

Accordingly, the Defendant, by hand, carried in E's arms, pushed in his body with his hand, pushed in his blue with his arms, pushed in his arms, pushed in his blue with his blue with his arms, and blue his head with his hand 2 and 3 parts.

The Defendant assaulted E and interfered with the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

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. Decision on the types of sentencing guidelines: The scope of recommendations that there are no persons who are subject to the special sentencing of Category 1 (Interference with and Compelling on the performance of official duties): Imprisonment with prison labor for a period of six months to one year and four months (the basic area): Suspension of execution for a period of six months: A comprehensive comparison and evaluation of the grounds for the suspension of execution for a period of one year and four months (the basic area): The grounds for the suspension of execution for a comprehensive comparison and evaluation (the selection of the suspension of execution) - There are no grounds for positive consideration (including serious efforts for the recovery of damage): There is no positive reason for a special consideration - There is clear social relation, serious reflection, and no other general

2. Additional consideration that the defendant had no previous conviction since 2001 and that there was no previous conviction for the same kind of crime since 2001.

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