logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.08.01 2014고단1018
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

At around 23:40 on April 11, 2014, the Defendant confirmed the circumstances where the police officer, who was a police officer of the Yangsan Police Station D (29 years of age), did not pay the drinking value, etc. of the Party E (the police officer of the Yangsan Police Station) who was called out after receiving a report at the “C” box located in Yangsan City, as a matter of the drinking value, and committed assault against the said Party E, such as “Chewing flachi, flachie, flachie, flad, flab, etc., by taking advantage of the circumstances where the police officer, who was a police officer of the Yangsan Police Station D (29 years of age), did not pay the drinking value, and the Defendant prevented the Defendant, who was at the same time, to escape the sick on

Accordingly, the defendant interfered with the legitimate execution of police officers E's duties to maintain order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Article 136(1) of the Criminal Act applicable to the crime and Article 136(1) of the choice of punishment - Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The amount of punishment under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The sentence scope of recommendation according to the sentencing criteria for the crime of obstruction of the performance of official duties (the sentencing scope of recommendation), category 1 (the sentence scope of obstruction of the performance of official duties) shall be limited to 6 months to 1 year and 4 months; and

2. The decision of sentence shall be made in the same way as the decision is made, taking into consideration the fact that the accused has a majority of the penal power for frauds, destruction of and damage to, and violent crimes in a liquor house similar to this case, but there is no past record of punishment for imprisonment with prison labor, and that there is a pen of mistake.

arrow