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(영문) 울산지방법원 2016.12.15 2016고단3558
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 3, 2015, the defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution by the Ulsan District Court for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents.

On September 13, 2016, at around 00:28, the Defendant attempted to engage in sexual traffic with “Dju” under the name of “Dju” located in Ulsan-gu, Ulsan-gu, U.S., and the Defendant was able to avoid disturbance at the Glori’s main point.

The Defendant: (a) the head of Ulsan Eastdong Police Station E District District Party, G, who was called upon a report of the foregoing main shop 112, proposed the Defendant to stop the Defendant and return home; (b) the police officer was spit in order to spit the Defendant; and (c) the Defendant threatened the Defendant with f, as he was spiting with drinking and sprinking with the police officer; (d) G was sprinking the Defendant to arrest the Defendant as an offender in the act of committing a crime.

As such, the Defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on their duty of sending reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, F, and G;

1. Each report on investigation;

1. Each photograph;

1. Application of statutes concerning criminal records;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Reasons for the sentencing of Articles 40 and 50 (Selection of Imprisonment) of the Criminal Code of the Commercial Concurrent Crimes [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (limited to a person who has been specially punished] [decision of sentence] Defendant who was convicted of causing traffic accidents while driving under the influence of alcohol and again commits this case without being aware of the fact that Defendant was under the suspension of execution, and was sentenced to a suspended sentence of imprisonment three times due to the crime of obstruction of performance of official duties in the past, etc., he/she shall be punished by imprisonment.

In determining the term of punishment, all the conditions of sentencing, such as the defendant's family relation and other defendant's age, character and conduct, environment, etc., shall be considered.

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