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(영문) 울산지방법원 2016.04.26 2016고단706

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 03. 03. 02:15 on 03. 03. 03. 02:15, in D operated by the Defendant’s friendly C in Ulsandong-gu B, Ulsandong-gu, the Defendant shall employ the Defendant who sells alcoholic beverages and attempted to do so.

“Around 112, the U.S. E District Police Station E District of the Ulsan-dong Police Station, dispatched upon receipt of a report, confirmed a singing practice room to regulate alcoholic beverages sales, “The lighting blocking machine was set off to avoid the crackdown, and F was carried to F, so that F’s chest was tightly cut back by hand, and F’s chest was tightly cut back to the police officer’s uniform.”

Ultimately, the Defendant interfered with legitimate performance of duties regarding the suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal investigation report (verification of damage situations);

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

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. The types of recommendations for the sentencing criteria: The scope of recommendations for sentencing of Class 1 (Interference with the performance of official duties and coercion of duties): Where the degree of assault, intimidation, and deceptive scheme is minor (requirements for mitigation): Imprisonment with prison labor for a month to 8 months (limited to mitigation area): Whether there is no history of criminal punishment (limited to mitigation area): The recommendation for suspension of execution - Where the degree of assault, intimidation, and deceptive scheme is minor - there is no history of criminal punishment - there is no negative reason for general consideration that there is no history of criminal punishment - there is no attempt to recover damage - there is no history of general consideration - there is no clear social relation, serious reflect, or no criminal record of suspension of execution or more severe punishment;

2. The age, sex, and environment of the defendant involved in the crime subject to additional consideration;

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