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(영문) 울산지방법원 2020.09.11 2020고단2058
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 07:03 on April 30, 2020, the Defendant: (a) on the grounds that the police officer D, who belongs to the above police box, had the Defendant pay the taxi fare by shouldering the Defendant who was in the taxi; (b) he saw that “the scambling police officer, scambling police officer, scambling police officer, knife knife knife knife knife knife knife knife knife knife knife knife in the body inside the knife knife knife knife knife knife knife knife knifs the Defendant; and (c) the police officer E, who belongs to the above police box, tried the Defendant by taking the instant E

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Application of Acts and subordinate statutes in Chapter D of the defendant's legal statement D, Chapter E of the police statement of the defendant, Chapter 22 of video photographs and five of video photographs in relation to the suspect's behavior;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. According to Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”), under the circumstances unfavorable to the defendant’s reasons for sentencing, the defendant continued to commit the crime of obstruction of performance of official duties, despite the police officers’ restraint. In light of the form of the assault, the liability for the crime is not less complicated; there is no record of punishment for the same kind of crime; there is no record of punishment exceeding the fine; there is no record of being sentenced to punishment exceeding the fine; the crime is recognized and against the defendant’s age, character and conduct, environment, occupation, motive and consequence of the crime; circumstances after the crime, etc.; and all other circumstances, which are the conditions for sentencing as shown in the record and pleading, including the following circumstances.

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