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(영문) 울산지방법원 2017.02.03 2016고단4386
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five 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 November 27, 2016, the Defendant was demanded to leave from the “Cel” located in Yangsan City B, and the Defendant was reported that he did not leave, and the Defendant was demanded to leave from the “Cel,” the police box affiliated with E and the patrolmen.

Defendant’s “Chewing?” Doctrine to police officers, and the Defendant’s control over the police officers with the mind of booming the crime.

The bitbit of bitbit of a bit.

In the view of "h.h.", E took a desire to flee, and E took two times as a drinking to put the defendant's will to flee.

Accordingly, the defendant assaulted a police officer to interfere with the legitimate performance of duties concerning the dispatch of a police officer's report and patrol duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

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

1. Class 1 (Interference with and Compelling of Performance of Official Duties) [Special Sentencing) mitigated element: Where the degree of assault, intimidation, and deceptive scheme is minor [Scope of the recommended sentence] Imprisonment with prison labor for one month to eight months (whether suspended sentence is suspended or not] The grounds for suspended sentence are comprehensively compared and assessed - There are no major reasons for affirmative consideration - Where the degree of assault, intimidation, and deceptive scheme is minor: There is no negative reason for negative general consideration - there is no significant reason for negative general consideration - there is no reason for negative general consideration - there is no serious reflect or no criminal record beyond suspended sentence.

2. The age, sex, and environment of the defendant involved in the crime subject to additional consideration;

3. Five months of imprisonment with prison labor and one year of suspended sentence;

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