logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.11.15 2017고단1397
공무집행방해등
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 April 29, 2017, the Defendant was arrested as a current offender by the E District F, who was dispatched to the site after receiving a report from 112 on the front day of the “D main points” located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and called “D main points.”

Defendant F was arrested as a flagrant offender as above and entered the office of the head office of the Ulsan-gu Police Station at the entrance of the Ulsan-gu Police Station at around 06:40, Ulsan-gu, Ulsan-gu, Seoul-do, the same day.

After the word "Cals", the above F's left face was committed by assaulting the head at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

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

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 basic area (six months to one year and six months) of the sentencing criteria for the first crime (Interference with the execution of official duties) [the scope of recommending punishment] and the basic area (the interference with the performance of official duties and coercion) of the first type (the interference with the performance of official duties and coercion of duties] does not exist;

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 part dismissing a public prosecution by non-existence of a public prosecutor in the year 2017 where the nature of the crime is not good, such as exercising a direct tangible power against police officers who engage in legitimate performance of official duties at a disadvantage without any record of the crime, other than once a fine for a favorable normal confession which is advantageous to him/her,

1. Of the facts charged in the instant case, the summary of the facts charged as to the assault against the victim G is as follows.

On April 29, 2017, the Defendant: (a) on April 29, 2017, the victim G (26 years of age) who is not aware of it in front of the “D main points” located in Ulsan-gu, Ulsan-gu; (b) “D main points.”

arrow