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(영문) 울산지방법원 2018.06.20 2018고단796

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Joint assault Defendant assaulted on December 17, 2017, at the front point of “D” located in Ulsan-gu, Ulsan-gu, U.S., the front day of “D,” with E, that is, the shoulder and the shoulder of the victim F (31 tax) while walking together with E, and the Defendant assaulted the victim G (25 years old) who is a driving of the said F with his/her hand, with the face of the said F.

Accordingly, the defendant committed violence against the victims jointly with the above E.

2. On the same day, the Defendant interfered with the performance of official duties at the above place, around 01:30 on the same day, and at the above place, at the police officers belonging to the Namsan Police Station H District of the Namsan National Police Station, Ulsan National Police Station, who called out after receiving a report of 112, were subject to removal from a slope I, a police officer belonging to the same police officer, who was a police officer belonging to the same department, and assaulted the above slope I by pushing the chest of the above slope I in his hand and putting him in his arms, thereby obstructing the above slope I’s legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made to I by the police;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant Article of the Act on the Punishment of Violences, etc., Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the same Act, interference with the performance of official duties in the choice of imprisonment: Article 136 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines for Class 1 Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation] : the scope of the final sentence due to the aggravation of punishment by a number of crimes who are not subject to special mitigation] in the mitigated area (one month to eight months) of the mitigated area (one year and eight months) where there is no basic area (six months to one year and six months) (the person subject to special sentencing) (the scope of the recommended punishment) / the mitigated area (one month and eight months) of the mitigated area; six months to two years;

2.The following shall be based on the sentencing criteria for each sentence: