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(영문) 울산지방법원 2017.06.21 2017고단706
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 21, 2017, the Defendant: (a) around 19:58, at Ulsan-gu C, DMat, and 112 reported and dispatched to the site, and (b) the Defendant was solicited from G police officers to return home from Ulsan-gu, Ulsan-gu, Police Station Eab, Ulsan-gu, Police Station Eab, which was called to the site after having received 112 reports, and (c) where he belongs to the said police officers.

It is again reported to the Ulsan Regional Office.

“A person who takes a bath, and assaultss the G’s face one time in two hands.

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the F and G police statements;

1. Application of H’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of punishment for a crime under the relevant provision of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. The sentence shall be pronounced as ordered by taking comprehensive account of the following circumstances based on the sentencing criteria set forth in the above sentencing criteria:

Unfavorable circumstances: Crimes have been committed against police officers who have legitimate execution of official duties and directly use violence, and refuse to affix seals after the arrest of flagrant offenders.

There is no doubt that a person who objects to the legitimate exercise of public authority should be punished strictly.

On the other hand, the defendant has been investigated as a home protection case (Assault) for a period not far from the instant case.

The favorable circumstances: The possibility of a confession and serious reflects, and the fact that the case was punished under the conditions of appraisal due to a couple's fighting, the fact that there is no criminal record of the same kind, and the effort is made to recover the damage, etc.

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