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(영문) 울산지방법원 2017.07.05 2016고단3301
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 8, 2016, the Defendant was locked in front of the D parking lot located in Yangsan-si, Yangsan-si, and was locked, the Defendant was able to walk the sloping F, sloping G, and the sloping G, who was called up after being reported 112, at the same time, walked the sloping part of the slopeF’s bridge at two times, while breaking the Defendant’s sloping, he was able to walk the sloping part of the slopeF’s bridge at the back head of the said slope G, who was attached to the Defendant, and walk the sloping part of his chest in the following way.

계속하여 피고 인은 위 D 주차장 사무실의 유리창에 머리를 들이받으려 다 경위 F로부터 제지를 당하자, 그의 얼굴 부위를 향해 주먹을 휘두르고, 발로 그의 종아리 부위를 걷어찼다.

Accordingly, the Defendant assaulted two police officers as above, thereby obstructing the police officers’ legitimate execution of their duties regarding the dispatch of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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

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

1. Selection of imprisonment with prison labor chosen;

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

2. The sentence shall be pronounced as ordered by taking comprehensive account of the following circumstances based on the sentencing criteria set forth in the above sentencing criteria:

A favorable circumstances: The confession and reflect, the fact that there is no previous conviction in addition to the two previous fines in 2011, and the defendant was detained in a short period of time and has been punished.

E. Unfavorable circumstances: The nature of the crime is inferior, such as exercising direct tangible power on police officers who perform legitimate performance of official duties, and the whereabouts of the police officers who are well aware of being punished.

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