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(영문) 울산지방법원 2016.09.13 2016고단2495
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 June 29, 2016, the Defendant: (a) taken a taxi while taking a bath and verbal abuse to B; (b) set a taxi in front of the office of Ulsan-gu, Ulsan-dong, Ulsan-gu, Ulsan-do, and reported 112.

A police officer D, who was called up upon the report of B, used him to return home to the defendant.

The defendant tried to d to see D with the desire to put D, because it is difficult to put D into the country.

Then, the defendant was aboard the patrol vehicle, and the defendant tried to see the face of D two times with the right blue part of the patrol vehicle in order to restrain D from doing so, and D was able to have the face one time with the left hand part of D with his hand.

The defendant assaulted D and interfered with police officers' legitimate performance of their duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. B written statements;

1. Application of the Patrol Babbbling statute

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. Determination of the sentencing guidelines [Type 3] Disorder of interference with the performance of official duties, and Category 1 (Obstruction of Performance of Official Duties and Compelling of Performance of Duties): Disorder of Punishment [Scope of Recommendation]: Imprisonment with prison labor] from one month to eight months (Scope of Suspension of Execution] / [The area of Suspension of Execution] The grounds for Suspension of Execution are comprehensively compared and assessed / There is no major positive reason: There is no significant reason for negative consideration (including serious effort to recover damage): There is no positive reason for general consideration - There is no special reason for positive consideration - there is clear social relation, serious reflectness, and there is no negative reason for negative consideration that there is no previous conviction or more:

2. The details of the crime subject to additional consideration (the crime under the influence of alcohol is a crime under the influence of alcohol and the defendant is suffering from dementia, but it is difficult to regard the defendant as a mental or physical weak state.

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