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(영문) 울산지방법원 2016.04.29 2016고단573
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:30 on February 15, 2016, the Defendant committed assault at C Hospital located in Yangsan City B, on the ground that the bridge was not treated as soon as an open, and that the bridge was not treated as an open, etc., and the circumstances leading up to the police box affiliated with the Gyeongnamsan Police Station D police box called up after receiving a report by the Defendant, and that E were prevented the Defendant, and that he was assaulted by the Defendant, i.e., taking the arms part of E as his hand, knife, knife the arms part of E, and knife the knife F’s arms as his hand.

As a result, the defendant has prevented police officers from performing their legitimate duties on the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment prescribed for a crime against any more severe F shall be imposed between each crime and the concurrent crimes);

1. Selection of imprisonment with prison labor chosen;

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

1. The types of recommendations for sentencing guidelines: The scope of recommendations for sentencing of Class 1 (Interference with and Forced on Duties) that obstructs the performance of official duties: Where the degree of assault, intimidation, and deceptive scheme is minor (requirements for mitigation): Imprisonment with prison labor for a month to 8 months (limited to mitigated areas): Where the grounds for probation are comprehensively compared and assessed - where the extent of assault, intimidation, and deceptive scheme is minor - where the extent of harm is minor: Where there is no effort to recover damage due to adverse general circumstances - there is no positive reason for general consideration - No effort to recover damage: Social relation is clear, serious reflects, there is no criminal conviction higher than a suspended sentence, and the defendant's health is very good;

2. In addition, the police officers called to the scene of disturbance at the emergency room of the other party to interfere with the performance of official duties (related to commercial competition) with regard to additional consideration, the details of the crime, such as interfering with the performance of official duties, are not likely to be inferior and criticized, but the treatment of serious pains was delayed, which led to the occurrence of the crime.

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