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(영문) 울산지방법원 2017.08.30 2017고단1555
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 14, 2017, around 23:07, the Defendant sent a taxi engineer on the street in front of the Dong-gu 103 apartment house B in Ulsan-gu, Ulsan-gu, 103, with the notification of 112, the Defendant, without any justifiable reason, assaulted the above slopeD with the intent to “I am on the spot, I am going to am to am on the spot, I am to am to the police officer, who is a police officer belonging to the Ulsan-dong Police Station C district unit in the Ulsan-gu, Ulsan-gu, Seoul-do, Seoul-do, with the notification of 112, and to arrest the Defendant as a current offender of the assault case.”

As a result, the Defendant interfered with the handling of the 112 reported case by the police officer and the lawful execution of duties related to the arrest of flagrant offenders, and at the same time, the Defendant committed an internal and malicious attack that requires treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of Acts and subordinate statutes on a written request for cooperation in investigation (subject matters of D diagnosis);

1. Obstruction of performance of official duties in relation to facts constituting an offense: Article 136 (1) of the Criminal Act: Article 257 (1) of the Criminal Act;

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

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. Sentencing 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) No. 1 Crimes (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) are the relationship between the two crimes that have no basic area (fence of June to one year and six months) (fence of Special Sentencing) / [the scope of the recommended punishment] and the basic area (fence of April to one year and six months) (fence of Special Sentencing) of the basic area (fence of Special Sentencing).

In the application of the law, the punishment specified for the crime of injury shall be imposed, but in the sentencing guidelines, the highestest of the sentencing range of individual crimes shall be referred to as the lowest limit of all ordinary concurrent crimes.

Therefore, the lower limit of the crime of interference with the execution of official duties is the lower limit of sentencing.

2. The following circumstances and the age of the accused on the basis of the sentencing guidelines set forth above:

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