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(영문) 울산지방법원 2013.12.27 2013고단3271
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 14, 2013, at around 01:20, the Defendant was faced with the victim’s head from the victim D (the age of 40) who is a police officer belonging to the Ulsan Southern Police Station C police station, a police officer belonging to the Ulsan Southern Police Station, who received a assault report and received a assault report, to stop the Defendant’s act of drinking his wife to his wife, and was faced with him.

As a result, the defendant interfered with legitimate execution of duties by police officers regarding suppression of crime, and at the same time, the defendant injured the victim with dynamic water control infection that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

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

1. The sentencing criteria for recommendations: Imprisonment with prison labor for up to one year and four months; and

2. The fact that the defendant's decision of sentence only exercised violence against police officers who perform legitimate duties, and that the nature of the crime is very poor is the factor of sentencing unfavorable to the defendant.

The fact that the defendant was committed against the defendant while committing the crime, there is no criminal record more than suspended execution, and that there is an agreement with the victimized police officer is an element of sentencing favorable to the defendant.

Other conditions of sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the order.

Public Prosecution Rejection Parts

1. The Defendant, on August 14, 2013, was charged, on the ground that the Defendant does not unsatisfe the locks even though the Defendant was at a police box located in the F of Ulsan-gu around 01:50.

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