(영문) 울산지방법원 2014.08.29 2014고단1801

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2014.08.29 2014고단1801

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 5, 2014, at around 03:30 on June 5, 2014, the Defendant: (a) in the Defendant’s residence located in Ulsan-gun Cmanstion B, Ulsan-gun, 307, on the ground that he did not make food to the Defendant’s mother on his mother’s date; (b) assaulted the said D; (c) assaulted the Defendant’s child E and F; and (d) was dispatched to the scene after receiving a 112 report; and (d) H and the victim’s police officer (“30 years old”; and (d) took a bath to the Defendant’s face to the Defendant, “I knife the victim’s son’s face with his intent to arrest the Defendant as a flagrant offender; and (e) took the victim’s face to the right right of the victim’s face by means of assaulting the Defendant’s head to arrest the Defendant as a flagrant offender; and (e) 1) spit the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136(1) of the Criminal Act applicable to the crime and Article 136(1) of the choice of punishment - Selection of imprisonment;

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentence scope of recommendation according to the sentencing criteria for the crime of obstruction of the performance of official duties (the sentencing scope of recommendation), category 1 (the sentence scope of obstruction of the performance of official duties) shall be limited to 6 months to 1 year and 4 months; and

2. The punishment shall be determined as ordered in consideration of the following: (a) the extent of the assault committed against the defendant in this case is not so significant; (b) the defendant has no penalty power exceeding the fine; and (c) the mistake is divided; and (d) the punishment shall be determined as ordered in the light of the following:

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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