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(영문) 울산지방법원 2016.11.25 2016고단3859
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

On October 29, 2016, around 00:15, the Defendant was under the influence of alcohol at the main point of “C” located in Yangsan-si B, and the Defendant was subject to the restraint from the guard E, etc., who was called up after receiving a 112 report.

The Defendant, who is dissatisfied with this, flap, and flap, humped twice the left part of the flab, flap, etc., and flabed by flabing the flab’s flab, with the flab’s flab, and assaulted twice the left part of the flab.

As a result, the defendant interfered with the legitimate performance of duties of police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. As to the assertion of mental disorder under Article 62(1) of the Criminal Act, the Defendant cannot be deemed to have committed a crime under the influence of alcohol that lacks the ability to discern things or make decisions, in view of the content of the crime, the background of the crime, and the degree of memory of the Defendant regarding the crime.

Reasons for sentencing

1. Recommendations of the sentencing criteria [Determination of Sentencing] No person who has Category I (Obstruction of Performance of Official Duties/Performance of Duties) of the obstruction of Performance of Official Duties (Scope of Recommendation] [The scope of Recommendation] Imprisonment with prison labor, six months to one year and four months (basic area] - Comprehensive comparison and evaluation of the reasons for suspension of execution - None of the reasons for suspension of execution - No reason for each main reason for suspension of execution - No reason for negative general participation: There is no reason for negative general participation - No reason for general participation:

2. A third-class disability with hearing aids to be considered additionally, in which there are records of being punished by a fine for the same kind of crime which appears to have caused the crime, while the hearing aids have been lost and communication has not been properly conducted;

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

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