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(영문) 울산지방법원 2016.04.15 2016고단349
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On February 10, 2016, the Defendant: (a) on the front way in Ulsan-gu B, Ulsan-gu, U.S. on February 22 and 10, 2016, when he was drunkly crossinged without permission; (b) on the e-mail and F belonging to the National Police Agency D of Ulsan-gu, U.S. National Police Agency where he was working for the crime prevention patrol; and (c) on the e-mail and F.

“I Does you do so to E, etc. with the care of not crossing without permission from E, etc., of sound, E, etc. with the end of returning home.

Chewing . Chewing .. Shelled bitch bitch mar. . .. .. ... Sheet . . Sheet . . Sheet . Sheet . .. Sheet far .. ..

“In doing so, the police son was exempted from E’s son’s mother and son’s son’s son and son’s son’s son’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Accordingly, the Defendant interfered with legitimate execution of duties of police officers for police officers' patrols and maintenance of order due to violence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

1. The types of recommendations for the sentencing criteria: The scope of recommendations for sentencing of Class 1 (Interference with and Compelling on Duties) that obstructs the performance of official duties: Imprisonment with labor for a month to 8 months (area of mitigation): Whether the grounds for the suspension of execution are comprehensively compared and assessed - The grounds for the suspension of execution for a period of one month to 8 months (area of mitigation): The grounds for the suspension of execution - The grounds for positive consideration are not punishable - The grounds for positive consideration: The social relation is clear, serious reflect, and no criminal record exists;

2. The age, sex behavior, and environment of the defendant that the defendant under the influence of additional considerations seems to have reached an offense while he/she was unable to properly control him/her, and that he/she has only been punished by a fine once;

3. Four months of imprisonment with prison labor and one year of suspended sentence;

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