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(영문) 울산지방법원 2016.11.24 2016고단3049
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2016, around 12:35, the Defendant reported that a assault case occurred within the Ulsan-dong Police Station C District, the Ulsan-dong Police Station C District, which was located in Ulsan-gu B, Ulsan-dong, Ulsan-dong, and sent to the site by the police officer D, who was assigned to the above C District, voluntarily traveling along with E and F, and investigated the case of assault after going to the site, during the course of investigating the case, the Defendant was at the seat of the driver's seat of the car on which the Defendant was on the above E, etc., and was found to have been taken from the driver's seat of the car on which the Defendant was on the boom, etc., and was tried to be asked for an investigation into the suspicion of drunk driving of the Defendant. While the Defendant was avoiding a disturbance from G police officers belonging to the above C District, the Defendant was tightly sealed one time by hand at the face of the above G.

As a result, the defendant interfered with the legitimate execution of official duties concerning the maintenance of order in police units.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to G and D

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing of the suspended sentence under Article 62(1)(3) of the Criminal Act / [Scope of the recommended sentence] The basic area (6 to 1 year and 4 months) of the 1st category of the obstruction of performance of official duties (limited to the execution of official duties) / [decision of the sentence] / The defendant who does not have a special sentencing person / the refusal of an investigation under the suspicion of a drunk driving / The defendant obstructed the execution of official duties as stated in his/her decision, and he/she prevents the police agency from refusing an investigation. In light of the circumstances of the crime and the degree of disturbance after the crime, the case is not easy but is in light of the nature of the crime and the degree of disturbance after the crime. However, in light of the fact that there is no same electric power, the degree of the type of a crime by drunk, the degree of force

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