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(영문) 울산지방법원 2017.10.13 2017고단2244
공무집행방해등
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On June 13, 2017, the Defendant: (a) driven a C 100 engine bicycle under the influence of alcohol content of approximately 0.139% from the 1.5km section to the front road of the Ulsan Agricultural Center, which is located in the 8-ro of Ulsan-gu, Ulsan-gu, Ulsan-gu, 50-ro, Ulsan-gu, Seoul-ro, the 50-ro 16-ro.

2. On June 13, 2017, at around 20:50, the Defendant interfered with the performance of official duties, the Defendant was subject to the control of drinking driving from E by the auxiliary police officers affiliated with D of the Ulsan National Police Agency, Ulsan National Police Agency around the Ulsan National Police Agency, a Ulsan National Police Agency, around 2017.

Although the defendant requested the above E to “I see only once” and the above E refuses it, the defendant assaulted the above E with the sound “I am feas,” and with the hand floor of the above E, the defendant assaulted the above E by using “I am feas,” and scam the left son of the above E one time.

As a result, the defendant interfered with legitimate execution of duties concerning the crackdown on driving of auxiliary police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to photograph the victim of the assault, report on the situation of the driver taking the driver, notification of the result of regulating the driving of drinking, and photograph of the

1. Relevant legal provisions concerning criminal facts and the driving of selective drinking of a punishment: The points that interfere with the performance of official duties in the choice of imprisonment, etc., under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, under Article 136 (1) of the Criminal Act, under Article 136 (1) of the Criminal Act, and under Article 148-2

1. The aggravated concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated punishment within the extent that the punishment is added by the prolonged term of two crimes above the punishment determined by the obstruction of the execution of heavier official duties, but the lowest punishment shall be applicable to the crimes determined by the violation of the Road Traffic Act];

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for not less than six months nor more than six years;

2. Reference to the sentencing guidelines for interference with the execution of official duties (a type of determination). The first type of interference with the performance of official duties (a obstruction of the performance of official duties/ coercion of official duties).

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