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(영문) 울산지방법원 2016.07.20 2016고합157

공무집행방해

Text

Defendant

A Imprisonment with prison labor for six months and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. On May 1, 2016, Defendant B: (a) around 00:55, at the top of the sperm market located in Ulsan-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) on May 1, 2016, Defendant B: (b) 112 reported that the Defendant exceeded his right and claimed to Defendant A, living together; (c) the police officer E affiliated with the Ulsan Special Metropolitan City Police Station D police box, who was called for the Defendant, and F, attempted to put the Defendant with his speech; and (d) f was flicked with the Defendant, and f was flicked to the right hand of the above E, thereby spreading it to the above E.

After all, the Defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers concerning the handling of report 112, and caused the victim E to undergo approximately two weeks of medical treatment.

2. When Defendant A was arrested as a current offender from the above date, time, place, and for the above reasons, Defendant A obstructed a police officer’s legitimate performance of duties concerning the arrest of flagrant offenders, such as Defendant A’s arrest of the above E and F, while taking a bath that it is difficult for B and F to put him in the workplace.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement made to E and F;

1. Photographs;

1. Statement of opinion (E);

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of video images at the time of committing the crime);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 136(1) of the Criminal Act (the point that interferes with the performance of official duties and the choice of imprisonment);

(b) Defendant B: Articles 144(2) and (1) and 136(1) of the Criminal Act (the point of causing a disturbance to the execution of special duties)

1. Defendant B to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants on probation: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

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

1. Defendant A

(a) The scope of punishment: Imprisonment for not more than five years; and

(b)to prevent the execution of official duties, such as recommendations for the sentencing criteria.