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(영문) 울산지방법원 2016.05.31 2016고단61
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 9, 2016, the Defendant received a report from the police officer E who belongs to the Ulsan Southern-gu Police Station D police station located in the Ulsan-gu, Seoul-do, on the front side of the Ulsan-gu, Seoul-gu, by threatening a taxi engineer, and by threateninging a taxi engineer, and on the 112 report, and was called out for a police officer E to pay for the taxi fee and return home.

그러자 피고인은 112 신고 처리에 대하여 불만을 품고 E가 타고 온 순찰차 본 넷트 위에 앉아 소란을 피우고, 피고인을 제지하면서 귀가할 것을 종용하는 E에게 “야 이 씹할 놈 아 ”라고 욕설을 하며 혼자 노상에 넘어지는 시늉을 하다가 일어나 E를 밀치고 손으로 E의 어깨를 잡아당기며, 계속하여 E에게 욕설을 하고 옷을 잡아당긴 후 손바닥으로 E의 왼쪽 목 부분을 1회 때렸다.

As a result, Defendant assaulted Park Jong and interfered with police officers' legitimate execution of their duties on 112 reporting processing, maintenance of order, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

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

1. The sentencing of Article 62(1) of the suspended sentence under the Criminal Act is in mind [the scope of the recommended sentence], and there is no person [the person subject to special sentencing] in the basic area (from June to one year and four months] (the person subject to special sentencing] [the decision of sentencing] that the defendant again commits the crime in question despite the fact that the defendant had been sentenced to a fine once for the same kind of crime, should be subject to criticism.

However, in consideration of the fact that the defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment, the contents of the principal crime, and all of the sentencing conditions, such as the age, sex, and environment of the defendant, the punishment shall be determined as ordered.

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