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(영문) 울산지방법원 2018.05.01 2018고단698
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On January 14, 2018, the Defendant’s defect in “C” page located in Ulsanbuk-gu B, Ulsan-gu, U.S. on January 23:0, 2018, and the Defendant’s 112 report that the Defendant fabeded the fab, the police box of Ulsan-gu, U.S., U.S. Police Station E to identify the particulars of the report.

“,” and “Isknife” means “Isknife” and “Isknife, Isnife”;

씹새끼야, 니 죽여 버린다 ”라고 말하며 오른 발로 경위 E의 좌측 허벅지를 4회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to 112 reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of CCTV Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

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

1. Article 62-2 (1) and (2) of the Criminal Act on the observation of protection and observation;

1. Grounds for sentencing under Article 44-2 of the Act on the Medical Treatment, Custody, etc. of Medical Treatment;

1. Type 1 (Interference with the execution of public duties and coercion of duties) in the basic area (from June to June) of the sentencing criteria; and

2. Circumstances unfavorable to the reasons for sentencing: The sentence is determined as ordered by taking into account all the circumstances, such as the defendant's age, health, home circumstances, and circumstances after the crime, etc., which form the conditions for sentencing, and the protection, observation and treatment order shall be imposed to improve the defendant's character and conduct and to prevent recidivism, in light of the fact that the defendant was punished several times for the same kind of crime, and the defendant appears to be somewhat violent inclinations to the defendant in light of the fact that the defendant committed each of the crimes in this case, and the degree of violence in this case is not significant.

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