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(영문) 울산지방법원 2016.09.22 2016고단700
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 17, 2016, at the front of the police box located in Ulsan-gu B, Ulsan-gu, Seoul-do, where the Defendant: (a) stated that “A police officer of the police station in Ulsan-gu, who was reported by D who was carrying the Defendant on the cab, she shall not be allowed to engage in his/her business because he/she was absent from the taxi; and (b) stated that “A police officer of the police station in Ulsan-gu, who was reported by D who was carrying the Defendant on the cab to get out of the taxi, she would have heard the horses she would have heard,” and assaulted the victim at one time on the side of the victim’s drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of D;

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

1. Selection of imprisonment with prison labor (to consider the fact that the person committed the instant crime without being aware of the fact that he/she had a previous record of the same kind of crime, and that he/she did not seem to have an attitude of serious reflection, etc.);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (defensive circumstances, such as the absence of any previous conviction) [the scope of a recommendation] that interferes with the performance of official duties, the basic area (from June to January to April) (no person subject to special sentencing) of the Act on the Suspension of Execution

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