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(영문) 울산지방법원 2017.09.20 2017고단1879
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above 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 May 28, 2017, the Defendant was under influence of alcohol to the police officers affiliated with the D police unit of the Ulsan-gu Police Station D, Ulsan-gu, Police Station D, who was dispatched to the site after receiving 112 reports in front of Ulsan-gu C, Ulsan-gu, B at around 22:23 on May 28, 2017, and to the slope F;

any person has reported; or

”라고 소리치며 발로 위 F의 다리를 약 4회 걷어차고, 발로 그 옆에서 피고인을 제지하던 위 E의 양쪽 정강이를 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on each statement protocol;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

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. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable circumstance: A confession, reflective fact, and a fact that there is no record of crime except for one-time punishment of fine due to driving of drinking.

1. Unfavorable circumstances: Offenses are inferior, such as exercising direct tangible power on police officers who perform legitimate public duties.

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