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Reasons
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(영문) 울산지방법원 2016.11.17 2016고단3636
공무집행방해
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2016, the Defendant:35, around the Defendant’s residence located in Yangsan-si B, the Defendant: (a) was asked about the circumstances of the instant case and the personal information of the Defendant by the security guards D, etc. affiliated with the Yangsan Police Station C police box called up after receiving a report of 112 that the sound was serious; and (b) the said police officers were able to ask questions about the circumstances of the instant case and the personal information of the Defendant, etc., of the said police officers: (c) sent a warrant; (d) laid down; (e) laid down the warrant; (e) laid down; (e) laid down waste; (e) the police branch; (e) taken a bath; and (e) d, leaving the entrance outside of the entrance after taking the on-site measures; and (e) assaulted the Defendant, such as D leaving the bucks, one time at hand, and walked

After all, the defendant interfered with the legitimate execution of duties of police officers concerning crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. A detailed statement on handling 112 reported cases;

1. Application of statutes on field photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act on the grounds that there is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-4 months) (a special person] [decision of sentence] favorable circumstances - there is no record of having been sentenced to

- Unfavorable circumstances - When the defendant was punished by the same kind of crime, etc.

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