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(영문) 울산지방법원 2016.09.02 2016고단2287
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:20 on June 2, 2016, the Defendant demanded a business proprietor to receive sexual traffic women from the telecom in Ulsandong-gu B.

In the investigation of the Ulsan East East East Police Station, which was in the process of collecting documentary evidence at the bedel, and the police officer of the Ulsan East East Police Station, recommended the defendant to return home to the defendant, and there is a defect that the defendant was about to take the defendant out of the telecom, and the defendant was able to keep both shoulders of D in his hand and get them over the floor by cutting them down and cutting them down with both shoulders.

Accordingly, the defendant assaulted D, a police officer, to obstruct the police officer's legitimate execution of duties on the prevention of crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and D;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. In full view of the following: (a) the process and details of the crime of mental disorder under Article 62(1) of the Criminal Act; (b) the Defendant’s speech and behavior at the time of the crime; and (c) the degree of memory of the Defendant with respect to the crime, the Defendant cannot be deemed to have committed the instant crime under the influence of alcohol, under the influence of alcohol

Reasons for sentencing

1. The sentencing guidelines shall be recommended [decision of types] of the obstruction of performance of official duties, [the scope of recommendation] No. 1 [the person who has been specially punished] [the scope of punishment] 6 months to 1 year and 4 months (the basic area of recommendation] / [the general person who has been punished] mitigation element of punishment / no military force / suspended execution (the comprehensive comparison and evaluation of the reasons for suspended execution / the comprehensive comparison and evaluation of the reasons for suspended execution) - No one who has no military force of criminal punishment - No one who has any justifiable reason for the main reason for the criminal prosecution - No one who has no positive reason for the main reason for the criminal prosecution : The positive reason for the general participation(0): The Case that there is no false reason for the general participation(2): there

2. It is a crime that leads to the use of violence by a police officer who makes a indecent desire to commit an unlawful act of the matters to be additionally considered.

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