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(영문) 울산지방법원 2016.04.01 2016고단272
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant reported 112 times in five times as a result of the drinking value problem at the week B.

On February 5, 2016, the Defendant: (a) 00:05, on the front day of Ulsan-gu C, Ulsan-gu; (b) 112, after having received a 112 report, heard the details of the report by E, who was dispatched to the site; and (c) on the ground that the Defendant calculated the alcohol value and solicited the Defendant to return home.

Defendant “I” is a bad to E, “I am more than I am, I am, I am, and I am.

“I wish to do so,” and “I wish to do so for returning home again from E.

After indicating the desire to “Woo”, he saw the balth of E by double hand, and flabed E face at one time by left hand.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reports and the maintenance of order by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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

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

1. The types of recommendations for sentencing guidelines: The scope of recommendations that no person is subject to special sentencing for Class 1 (Interference with and Compelling the performance of official duties): The basic area of punishment, six months to one year and four months: Determination by comprehensively comparing and assessing the grounds for suspension of execution - No effort to recover damage for general illegal reasons: Social relation clear;

2. Having a high possibility of criticism for police officers who reported matters to be considered 112 and dispatched to the police officer in response thereto in terms of their primary desire and exercising physical power, the execution of sentence shall be suspended by reflecting the absence of criminal records of the same kind of choice of imprisonment, but community service work shall be ordered to have the time to commit reflect and confluence by labor and service;

3. Six months of imprisonment with prison labor, one year of suspended sentence, and one hundred and twenty hours of community service;

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