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(영문) 울산지방법원 2018.05.17 2018고단682
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above 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 February 21, 2018, the Defendant, at around 19:10 on February 21, 2018, intends to see “I am slick and I am a guest.”

“A” means a person who received a 112 report and received a recommendation for returning home from the commander of the police box of the Ulsan Central Police Station C, who was called to the scene, and was on board the Embox for returning home, and without any justifiable reason, the said patrolr committed an assault against the said D, such as “Crack wom wom wres”, and setting up his cell phone, setting up his cell phone, and putting up the back, less than the back of the said D’s item, and displaying drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on closure photographs;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act shall be considered as one category (Interference with the performance of official duties and coercion of duties) in the mitigated area (one month to eight months), where the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant (in a situation where it is impossible to exercise violence to the extent that the police officer's body is to be reduced due to his/her failure to properly hold his/her body in force) (the decision of sentencing was made] The confession is against confession, the defendant's age, health status, etc.

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