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(영문) 울산지방법원 2016.04.29 2016고단579
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 22, 2016, the Defendant entered the convenience store C located in Ulsan-gu, Ulsan-gu, B with alcohol around February 16, 2016.

kn't column.

The Defendant, upon receiving a report of 112 that the Defendant interfered with the Defendant’s business, sent back home from the police officer E and the police officer E and the police officer F of the Ulsan East Police Station D District District in the Ulsan Eastern Police Station, and expressed to F that “I e, e, e., e., e., f.,” and pushed off F’s chest by hand, and pushed off F’s chest by hand, and e and F’s bucks down on the floor, and f’s bucks down to the floor at hand.

The Defendant assaulted E and F by continuing convenience points, such as driving F’s chest on three occasions as he f’s chest by hand, even though he f’s chest on three occasions.

Accordingly, the Defendant interfered with police officers' legitimate performance of their duties on handling reports and maintaining order.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment prescribed for a crime against any more severe F shall be imposed between each crime and the concurrent crimes);

1. Selection of imprisonment with prison labor chosen;

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

1. The types of recommendations for sentencing guidelines: The scope of recommendations for sentencing of Class 1 (Interference with and Compelling the performance of official duties) that obstructs the performance of official duties: Where the degree of assault, intimidation, and deceptive schemes is minor (requirements for mitigation): Imprisonment with prison labor for a month to 8 months (limited to mitigated areas): Where the grounds for probation are comprehensively compared and assessed - where the extent of assault, intimidation, and deceptive schemes is minor - where the extent of harm is minor: Where there is no effort to recover damage due to adverse general circumstances - there is no positive reason for general consideration - there is no clear social relation, serious reflection, or no criminal conviction or heavier than suspended sentence;

2. The defendant, under the influence of alcohol, is in a mutually competitive relationship with additional consideration (two other parties to interference with the performance of official duties).

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