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(영문) 울산지방법원 2017.07.10 2017고단2067
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

1. On May 24, 2017, the Defendant: (a) committed assault in front of the C Hague shop located in Yangsan-si B, namely, “I wish to open a door on the first floor” in front of the C Hague shop; (b) was asked questions about personal matters from the slope E belonging to the Yangsan Police Station D box called out after receiving a 112 report; and (c) the police officer called out “I see this son”; and (d) took the face part of the said E in the horses; and (e) assaulted the chest of the said E by drinking.

2. On May 24, 2017, around 04:15, the Defendant: (a) tried to commit an act of self-injury after arresting and carrying in the act in the act of committing an act of self-injury to the police box at the Fyang-si Police Station D, Yangsan-si, as seen above; (b) tried to take a bath, such as “this ring-out”, to a policeman who is the police box at the police box that attempted to restrain the act of self-injury; and (c) assaulted the chest of the above G by walking the chest at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. 112 Application of the 112 Reporting Case Handling List, each photographic statute;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. Article 62-2 of the Social Service Order Criminal Act / Sentencing / Sentencing of the same type of crime, the risk of recidivism exists, but there is no record of punishment heavier than that of the suspension of execution due to the same kind of crime, or the Defendant’s drinking behavior appears to be one of the important causes of the instant crime, and thus, the need for medical treatment for proof of alcohol is recognized. Thus, the above protection is observed as ordered for the prevention of recidivism and the Defendant’s effective return to society.

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