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(영문) 울산지방법원 2016.02.17 2015고단2885
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On October 31, 2015, the Defendant: (a) 2 times at the front side of the “Celel” in Ulsan-gu, Ulsan-gu; (b) 04:08, the Defendant, without any special reason, brought the victim’s celb with her hand, who is in need of treatment for about seven days; and (c) string the snow grass and the eye around the snow in need of treatment.

2. The Defendant interfered with the performance of official duties, at the same time and place as the above 1. paragraph 1., was arrested in the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of arresting the act of committing the act of committing the act of committing the act of committing the act of committing the act of interfering with the lawful performance of official duties of the police officer, such as: (a) he was arrested in the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act of committing the act

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F, G, and D;

1. Application of Acts and subordinate statutes on diagnosis of an injury, and photographs of violence committed;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (6 months to 1 year and 4 months) of the first type (Interference with the performance of official duties and coercion of duties) [Judgment of sentence] of this case is a sentencing factor unfavorable to the defendant, which is a case where the defendant injured the victim D, injured the police officer dispatched upon receiving a report, and obstructed the performance of official duties by assaulting the police officer dispatched upon receiving a report, which is not bad in the nature of the crime of the defendant, nine times the records of violent crimes committed against the defendant, and that the defendant did not agree with the victim D is an element of sentencing unfavorable to the defendant.

Defendant is attempting to commit a crime.

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