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(영문) 울산지방법원 2016.05.24 2016고단1106
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a 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 April 14, 2016, the Defendant: (a) took the alcohol in front of the Ulsan-gun B, Ulsan-gun, and received a report 112 from the head of the police box affiliated with the Ulsan-do Police Station C, which was called out after having received the report, and was in the state of lacking the ability to discern things or make decisions; (b) under the state of lacking the ability to discern things by drinking, and (c) under the state of lacking the ability to distinguish things from things by drinking; and (d) in a state of lacking the ability to make decisions, the Defendant expressed the desire to “ging, grings, grings, gring e., e., e., f., f., g., g., g., g., g., p

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Decision on the type of sentencing guidelines: Where the degree of harm, intimidation, and deceptive scheme is minor: The scope of the recommendation that no aggravated sentence is imposed: One-month or eight-month or more (the area of mitigation) of interference with the performance of official duties, and where the degree of harm, intimidation, and deceptive scheme is minor: The scope of the recommendation that no aggravated sentence is to be imposed: - The person who is subject to general sentencing from one month to eight months (the area of mitigation) - The person who is not subject to aggravated punishment (the person in question is in charge of the person in question): A comprehensive comparison and evaluation of the reasons for suspended sentence that are not aggravated: Where the degree of harm, intimidation, and deceptive scheme is minor: There is no adverse reason - there is no positive reason for general consideration - there is no clear social relation, serious reflect, and no criminal record of suspended sentence or heavier; there is no effort to recover

2. Four months of imprisonment with prison labor and one year of suspended sentence;

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