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(영문) 울산지방법원 2017.11.01 2017고단3002
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

Punishment of the crime

On August 18, 2017, the Defendant was urged to return home from a slopeF (33 tax) belonging to the Bridge in the Ulsan-gu Police Station E zone in the Ulsan-gu Police Station, the Defendant was under the influence of alcohol on the road front of the D convenience store located in Ulsan-gu, Ulsan-gu, U.S.A., and refused to return home, and who is within the center of the road.

The F, who thrown away, and met it, assaulted the F in several times the times the times of the above F while taking a bath to “the death of this f.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of life and body of the F.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

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

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

Preferential circumstances in favor of: Determination of sentence at a level lower than the sentencing criteria by taking into account the following circumstances:

Criminal records that exceed the fine imposed for the recovery of damage, such as making a confession or deposit of the reflective money, etc., are inferior to the nature of the crime, such as exercising direct tangible power, and there is a criminal record related to violence, the degree of violence is considerable.

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