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(영문) 울산지방법원 2018.06.01 2017고단4475
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

On November 23, 2017, around 01:04, the Defendant removed his clothes under the influence of alcohol from Ulsan-gu C209 Dong 103, Ulsan-gu, the dwelling of the Defendant, and “the husband removed his clothes under the influence of alcohol.”

“A person who is not dispatched as soon as possible shall be dead,” upon receipt of 112 reports, and the police officer E, the police officer belonging to the Ulsan Southern Police Station D District Police Station D of the Ulsan Southern Police Station, and the police officer F, who is a police officer belonging to the Seoul Southern Police Station, shall separate the defendant and the defendant’s wife, identified the circumstances of the case. Whether “I put the police officer on the day on which the defendant and the defendant’s wife’s wife, and Rings

“Abrupt” and “Abrupter E may be punished for interference with the performance of official duties,” and the above patrolman may be punished for interference with the performance of official duties.

‘A’ warning defect, “A’ or not there is any son mistake in H. H. H. H. H. H. H., C. H., and inside

“In doing so, the police officer assaulted the E with the foregoing patrol officer, with the booming of the chests, and booming the chests by hand, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the 112 Report Report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

112 Application of Acts and subordinate statutes in Chapter 2 to the 112 Reporting case handling slips and caps;

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 on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act [the type of decision] [the reasons for the sentencing of Article 62-2 of the Act on the Protection and Observation of Community Service and Order to Attending Education] [the decision of the area of recommendation] basic area [the scope of recommendation] six months to one year and six months] [the scope of suspended sentence] - The main reasons for suspension of execution]: positive factors for the sentence [the decision of the sentence] as well as the reasons for and degree of the obstruction of the execution of public duties. In addition, the defendant committed the crime of this case during the suspended sentence of imprisonment due to the crime of injury, the crime of violation of Road Traffic Act (not after the accident) during the suspended sentence period, and the crime of aiding and abetting the offender was sentenced to a fine of KRW 15 million as he committed the crime of aiding and abetting the offender.

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