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(영문) 울산지방법원 2016.07.12 2016고단1418
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five 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 April 11, 2016, the Defendant, on the second floor of the house located in Ulsandong-gu B, Ulsandong-gu around 01:20, with the signal from 112 that a male was drunk, and had been sent to the same Gu C before that time, had arrived at the above house, where he was the address indicated in the Defendant’s identification card, due to the learning of the head of the Dong-dong Police Station D District, Ulsan-dong Police Station, the E, the slopeF, and the patrolman called to the same Gu C, and had the above G take a bath on his hand, and caused the thring of the f’s head of the said G, while taking a bath to the said G.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the protection of citizens by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with E/F [the defendant asserts that he was in a state of mental or physical loss or mental weakness by drinking alcohol at the time of committing the crime in this case. Thus, according to the above evidence, although the defendant was somewhat drinking at the time of committing the crime in this case, it is not recognized that the defendant had no or weak ability to discern things or make decisions, and thus, the above assertion is rejected].

Application of 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 Suspension of Execution (see, e.g., Supreme Court Decision 62(1)1 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2

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