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(영문) 울산지방법원 2017.01.12 2016고단3882
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 9, 2016, at around 00:53, the Defendant received a report from the Defendant that the Defendant was avoiding a disturbance in the singing room on the road located in Yangyang-si B, Yangyang-si, the Defendant was subject to restraint to the assistant E and the policeman F of the Yangsan Police Station, who was called out after receiving the report from the Defendant.

The defendant is dissatisfied with the complaint, and "Iskn't have his or her wife in his or her home, and Isn't have his or her wife in his or her home."

“Absort,” such as “Absort, as it threatens the police officers to take a drinking towards the above police officers, and in a manner of spiting the face of the above police officers once, it was arrested as a crime of obstructing the performance of official duties by assaulting the police officers in a manner of spiting the face of their face.

The Defendant, even after being arrested, was transferred to the police box after the arrest of the Defendant, sent to the said police officer “on the back of the friende.”

", I see how I am I am I am I am I am I am I am I am I am I am I am I am I am I am I kn am I am I am I am.

“Intimidating” the term “.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning 112 report processing and arrest of flagrant offenders.

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 to photographs of crime;

1. Article 136 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. The sentence is to be determined as ordered in consideration of the following: (a) the degree of assault and intimidation against police officers with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is very serious and insulting; and (b) the Defendant’s criminal records of violence may not take into account the sentence of a sentence; (c) the Defendant is in profoundly against the sentence of a sentence; (d) the Defendant is a criminal act committed contingent under the influence of alcohol; and (e) the intention of treatment for proof of alcohol that caused the instant crime is shown.

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