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(영문) 울산지방법원 2017.05.12 2017고단829
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

1. On March 20, 2017, the Defendant damaged the fixed amount of repair, etc. at around 23:30, Ulsan-gun, the third floor of the building in Ulsan-gun, the third floor “D” in the “D” in the operation of Ulsan-gun, the third floor of the building (the third floor, the age of 62). The Defendant: (a) was engaged in a singinging monitor on the ground that the drunk was made; (b) was demoted on the floor; and (c) was able to have an amount equivalent to KRW 530,000 for the repair cost.

2. The Defendant interfered with the performance of official duties at around 23:40 on the same day as paragraph 1, and at around 23:40, at the place of paragraph 1, and at around 112, the Defendant was forced to request the police officer, who belongs to the police patrol unit of the Ulsan Police Station E box, to present identification cards from F, a police officer belonging to the police patrol unit of the same police station, who was dispatched to the scene after receiving 112 reports, sound the above F to the above F, “I immediately conduct an examination,” and then pushed the chest part of the said F on one occasion by hand, and slick the said F’s

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to a copy of field photographs and estimates;

1. Relevant legal provisions concerning facts constituting an offense and obstructing the performance of official duties in the choice of punishment: Article 136 (1) of the Criminal Act; Article 366 of the Criminal Act; Article 366 of the Criminal Act; and Article 36 of the Imprisonment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

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

1. The scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years and six months;

2. Application of the sentencing criteria;

(a) Category 1 (Interference with the Execution of Official Duties) (Determination in the territory of recommendations), the basic area [Determination in the territory of recommendations] [Scope of recommendations] from 6 months to 1 year and 6 months, which shall interfere with the performance of official duties in the manner of obstructing the performance of official duties;

(b) Category 1 (Special Sentencing) [person subject to reduction] (Article 1) (Article 1) (Article 1) (Article 2) (Article 1) (Article 2) (Article 1) (Article 2) (Article 1) (Article 2 (Article 2) (Article 2) (Article 2) (Article 3(1)) (Article 2)) (Article

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