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(영문) 울산지방법원 2017.07.05 2017고단890
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2017, the Defendant: (a) received 112 reports on the main point of “C” on the Busan District B2, Busan District B, and obstructed police officers’ legitimate performance of duties concerning reporting and arrest of flagrant offenders, by assaulting the police officers, who are the police officers belonging to the Busan District Police Station D branch of the Busan District Police Station, to prevent the defects in arresting the Defendant’s male-child job F for committing an act of assault, and thereby, in order to prevent the defects in arresting the Defendant’s male-child job F for committing an act of assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. The Defendant: (a) exercised the direct tangible power on the police officer who performed legitimate performance of official duties; and (b) in light of the conduct before and after the commission of the crime, the nature of the crime is not good.

In light of these points and the fact that the defendant is still in the absence of any particular economic ability as a student, the sentence of a fine on the defendant is inappropriate, so the sentence of imprisonment is choice.

In this context, the execution of the sentence shall be suspended by taking into account the favorable circumstances that the defendant confessions, is in depth, is against the beginning, and the execution of the sentence is decided as per Disposition.

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