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(영문) 울산지방법원 2016.07.22 2016고단1630
공무집행방해등
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2016, the Defendant was arrested as a current offender of the crime of assault by means of a slope D (42 taxe) belonging to the Ulsan District Police Station in the Ulsan-dong Police Station in the Ulsan-dong Police Station, the Defendant was arrested as a police officer of the crime of assault in front of Ulsan-gu B on May 18, 2016 and went to the patrol vehicle.

The defendant, who is under the influence of alcohol and lacks the ability to discern things or make decisions, has opened his knee knee by thoroughly asking his right side of D.

Victim D suffered an injury that needs to be treated for about two weeks after the suicide of his part.

As a result, the Defendant interfered with the police officer's 112 report processing and lawful performance of official duties concerning arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Obstruction of performance of official duties in relation to facts constituting an offense: Article 136 (1) of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of the sentencing guidelines [the types of recommendations] - Class 1 (general injury) [the person subject to special sentencing] mitigated factors: recovery of considerable damage (the deposit of KRW 1 million on May 31, 2016): In the case of interference with the performance of official duties, [the person subject to general sentencing] mitigated factors: In the case of interference with the performance of official duties, [the person subject to general sentencing] mitigated factors: imprisonment with prison labor for not less than four months (the scope of recommended punishment) to one year and six months (the basic area] - In the case of interference with the performance of official duties: positive factors - in the event of interference with the performance of official duties - there is no clear social relation, serious reflection, deposit of considerable amount, no criminal conviction above the suspension of execution, and the defendant's seal.

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