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(영문) 울산지방법원 2016.09.13 2016고단2176
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

The Defendant, at around June 26, 2016, when he lacks the ability to discern things or make decisions due to a comparative mental disorder, sawd, plicked, and plicked, with the first hand, the police officer F of the police box of Ulsan-dong Police Station E box called out after receiving a report that he/she was suffering from disturbance, on the ground that he/she was sexually blicked twice with the first hand, and blicked with his/her hand, with his/her own hand, at around 19:25, in a state of lacking the ability to discern things or make decisions.

The Defendant assaulted F and interfered with the police officer’s legitimate performance of duties concerning the dispatch of report and dispatch duty.

Summary of Evidence

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

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Class 1 (Interference with and Compelling of Duties) [Special Sentencing] mitigation element: The degree of assault, intimidation, and deceptive scheme is insignificant, mental or physical weakness (no one is responsible for him/her, and he/she shall drink in the status of editing disorder) [the scope of recommended punishment] the grounds for suspension of execution comprehensively comparison and evaluation of the reasons for suspension of execution - Where the degree of assault, intimidation, and deceptive scheme is minor: In cases where the degree of assault, intimidation, and deceptive scheme is minor, negative general circumstances: lack of social relationship, lack of serious reflectness, absence of effort to recover damage - there is no positive reason: There is no criminal record of suspension of execution or more, and the health of the defendant is very poor;

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

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