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(영문) 울산지방법원 2016.09.27 2016고단2953
공무집행방해
Text

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

except that 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

On August 28, 2016, the Defendant did not pay the drinking value after drinking alcohol at “C” stand clubs located in Ulsan-gu B, Nam-gu, Ulsan-gu.

12 The Defendant, who was aware that he would pay the drinking value from E to a police officer belonging to the police station of the Ulsan Nam-gu Police Station D, who was called out after having received a report, was aware that he would not be able to contain the said value, and the Defendant was able to have the chest of E in his hand and the body of E with the drinking and the drinking.

The Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendation and evaluation of the sentencing guidelines [type determination] There is no type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) [Scope of the recommended punishment] [Scope of the punishment] Imprisonment with prison labor for six months to one year and four months (basic area] [whether suspended sentence is suspended or not] The reasons for the suspension of execution are comprehensively compared and evaluation - The reasons for the suspension of execution are distinct social relation, serious reflective relation, and there is no criminal conviction or heavier punishment;

2. Six months of imprisonment with prison labor and one year of suspended sentence;

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