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(영문) 울산지방법원 2016.04.15 2016고단432
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was found to have driven a car at the entrance of the Giriri Village in Gyeyang-gu, Ulsan-gu, Ulsan-do, U.S. on February 23, 2016, and was exposed to C(30 o) who was under the influence of drinking at the same time, and was under the control of drinking.

C The defendant is waiting for the patrol by the time the proxy articles are posted.

In doing so, “The Act on behalf of a police officer is KRW 25,00,000 and the Act on behalf of a police officer is attached thereto.”

Full fake police officers are N.N.

“A” refers to “A” and “A” means that C is pushed ahead of C’s body and walked in the direction of the road, and C is essential for the Defendant to fall on the road at risk.

"In the hands of ", .....................................................

As a result, the Defendant interfered with legitimate execution of duties concerning the crackdown on drinking driving by C who is a police official.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. The types of recommendations for the sentencing criteria: The scope of recommendations for sentencing of Class 1 (Interference with the performance of official duties and coercion of duties): Where the degree of assault, intimidation, and deceptive scheme is minor (requirements for mitigation): One month to eight months (area of mitigation): Whether there is no history of criminal punishment (requirements for mitigation): Where the degree of assault, intimidation, and deceptive scheme is minor, the recommendation for suspension of execution is minor - there is no positive record of criminal punishment - there is no record of criminal punishment - there is no record of criminal punishment - there is no record of criminal punishment - there is no record of criminal punishment - there is no clear social relation, serious reflect, or criminal record above the suspension of execution;

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

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