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(영문) 울산지방법원 2017.09.25 2017고단2042
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 19, 2017, the Defendant suffered injury to the victim B (56 years old) on the taxi platform located in Samsung 7-ro, Yangsan-si, Samsung 7-gil, after getting on a taxi and arriving at the destination, and refusing to pay the taxi expenses, the injured party saw the victim's face to the police station by going on the string of the defective and walking the knife of the victim's face, cutting off the knife on the left-hand hand, and walking on the knife of the knife of the knife at about four weeks of the knife.

2. On April 20, 2017, at around 00:09, the Defendant: (a) committed assault, such as: (b) on the part of the police box C in Gyeyangsan Police Station C, which was dispatched after receiving a report of 112 on the same content as Paragraph (1) at around 00:09; and (c) on the part of the police box affiliated with the above C Police Station C, who was asked questions about the personal information and the circumstances of the instant case from the slope D, the Defendant: (a) was able to ask the above D, who was able to ask questions about the personal information and the circumstances of the instant case.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement B and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, interference with the performance of official duties in the choice of punishment for a crime: Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

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

1. Sentencing 1 Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation] : The scope of the final sentence due to the increase of punishment for multiple concurrent offenders who are not subject to the reduction area (two months to one year and six months) (the scope of the recommended punishment) in general where there is no basic area (six months to one year and six months) (the person subject to special sentencing) [the scope of the recommended punishment]. The reduction area (two months to one year), the reduction area (two months to one year), the reduction area (the person subject to special mitigation]. The scope of the final sentence due to the increase of punishment for many concurrent offenders: six months to two years.

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