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(영문) 울산지방법원 2017.10.11 2017고단2445
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2017, at around 01:40, the Defendant reported that there was a vehicle suspected of driving alcohol in front of the North-gu, Ulsan-gu, U.S., the North-gu, U.S., U.S., the Defendant: (a) sent from the police box C of the U.S., the police box affiliated with the police box of the Ulsan-gu, U.S., U.S., U.S., to the effect that E was under the influence of drinking; and (b) requested the above D to manipulate that he was under the influence of drinking on his behalf; (c) on the ground that the above D refused it, the Defendant committed assault by bolding the chest part of the above D two times by

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

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

1. The sentencing criteria [Scope of the recommended punishment] Class 1 (Interference with the performance of public duties and coercion of duties) area (one month to eight months) of mitigation area (person who has been specially mitigated) shall not be punished;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: The confession and reflects the depth of the defendant, the absence of a previous conviction, the absence of a previous conviction exceeding the fine, and the fact that the neighbors of the defendant are seeking the wife of the defendant.

1. Unfavorable circumstances: The reason why the motive and circumstance of obstructing the performance of official duties are very poor (in particular, the defendant's order to provide community service is given considering this point), and the crime is not good, such as exercising direct tangible power against police officers performing legitimate performance of official duties.

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