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(영문) 울산지방법원 2017.12.08 2017고합282
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, at around 04:25 on August 16, 2017, provided sufficient explanation to the Defendant on the details reported by the Defendant, the police officer did not properly handle the report that the Defendant reported to him/her, when he/she tried to return to 04:40 on the same day.

In misunderstanding that the victim is a slopeF (35 taxes), “I wish to do so in accordance with this dog, al.e., g., al., al., al., al., al.

“Cinyl chlorides, which contain two beer bottles, which are dangerous objects being her hand and her hand, have been placed in the victim, and approximately two weeks of treatment was placed in the victim, and the kne and kne tye tye tye tye tye was put in the victim.

Accordingly, the defendant carried dangerous objects and obstructed the police officer's legitimate performance of official duties concerning the handling of reports, thereby inflicting an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of F;

1. A statement prepared by H;

1. Three copies, including a scene of damage, a medical certificate of the victim, etc.;

1. Application of three Acts and subordinate statutes to the 112 Report Processing Table, beer and beer's disease, and photographs, such as parts of the victim's wife, etc.;

1. Article 144 (2) and (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria: Imprisonment with prison labor for not less than two years nor more than four years, for the basic area of first type (decision on the sphere of recommendation] (decision on the sphere of recommendation] (decision on the injury caused by disturbance in special duties), which is detrimental to the idea of obstructing the performance of public duties in the line of special duties.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and with respect to the crime of this case for three years of suspended execution, a police officer who called out after the defendant reported alcohol 112.

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