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(영문) 울산지방법원 2018.12.06 2018고단2892
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 12:40 on July 3, 2018, the Defendant: (a) 12:40, at the convenience store located in Yangsan-si, Da-si, caused the Defendant to drive a fright by driving away of customers inside the convenience store; (b) the Defendant, upon receiving a report of 112 of the said content, sent to the convenience store, and she was assaulted by the police officer E (27 oman) who was taking advantage of the above E’s left knee, left knee on one occasion; and (c) the Defendant was trying to take a patrol in order to take protective measures against the Defendant in the state of the said E’s main feas; and (d) E, “C feas, feas, feas, feas, feas, feas, feas, and feas, feas, feas, feas, etc.”

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning the dispatch of 112 reported report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act [the scope of recommendation] [the scope of punishment] is that there is no basic area (from June to January 6) (the person who is subject to special sentencing] (the person who is subject to special sentencing] (the decision of sentence] of the basic area (from June to January 1) [the decision of sentence] of the same kind of crime and violence, and multiple times of crimes, and the responsibility for the crime is heavy in that it committed again.

However, in light of the fact that confessions due to contingent crimes, the fact that appropriate treatment is required to prevent crimes in the future due to the existence of alcohol, and the fact that the damaged police officer appeals the vessel's wife, it is decided as per the disposition.

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