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(영문) 울산지방법원 2018.05.17 2018고단862

공무집행방해

Text

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

Criminal facts

On March 21, 2018, the Defendant: (a) on the road located in the 104 Eup/Myeon-ro of Ulsan-gun, Ulsan-gun, U.S., the Defendant: (b) on March 21, 2018, and (c) on the road located in the jurisdiction of the Ulsan-do Regional Office B, U.S., and U.S., the Defendant: (b) on the road in front of the street

The term "brecing C" refers to "brecing C" and the brecing C notified of the brecing location of the brec, leading the brecing, leading D's arms, leading the brecing house, but the brec is refused by the brec.

"............. ........... the left shoulder of the road D was tightly pushed down twice in his hand, and the right shoulder of the road C was tightly pushed down twice in his hand.

Accordingly, the defendant interfered with legitimate execution of duties by auxiliary police officers concerning the prevention of pedestrian accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act, the choice of imprisonment, and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Type 1 (Interference with the execution of public duties and coercion of duties) in the basic area (from June to June) of the sentencing criteria; and

2. Circumstances unfavorable to reasons for sentencing: The sentence shall be determined as ordered in consideration of all the circumstances, such as the defendant's age, sex, motive, means and consequence of the crime, and circumstances after the crime, including the fact that the defendant has committed the crime of this case, and partial deposit of money for police officers, etc., are against the crime of this case.