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(영문) 울산지방법원 2016.07.19 2016고단1764
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 June 11, 2016, the Defendant, at around 10:03, was used on the front of the “C Child Care Center” located in Ulsan-gu B, Ulsan-do, and was used on the way under the influence of alcohol. The Defendant received the notification of 112, and was used on the front of the police station of the Ulsan-do Police Station, E, and the police station of the Ulsan-do Police Station, who was called out after receiving the notification of 1

The Defendant, who was in short of the ability to discern things or make decisions with respect to the ability to discern things through drinking, was able to make a report to E while making a serious bath, and committed assault to E, such as flabing, flabing, flabing, flabing, flabing, flabing, flabing, and flabing E by drinking, with his left hand.

As a result, the Defendant interfered with the legitimate performance of official duties concerning the handling of the 112 reported case by police officers and securing the safety of citizens.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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

1. Determination of the sentencing guidelines [type of determination] : Group 1 (Interference with and Compelling of Duties) [Special Sentencing] - The degree of assault, intimidation, and deceptive scheme is insignificant (person subject to general sentencing] - The elements to be mitigated: The extent of assault, intimidation, and deceptive scheme is insignificant; - The mental and physical weakness (person subject to recommendation): Imprisonment with prison labor / the scope of recommendation / the scope of punishment / the scope of his/her responsibility / her responsibility / the scope of suspended sentence / the grounds for suspended sentence / the main reasons for positive consideration - The degree of assault, intimidation, and deceptive scheme is insignificant - The grounds for suspended sentence are minor positive consideration - There are no criminal records above the suspended sentence:

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

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