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(영문) 울산지방법원 2015.08.13 2015고단1409
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 12:55 on June 13, 2015, the Defendant was urged to return home from C of the Yangsan Police Station B, who was dispatched by the Defendant after receiving a report that the Defendant was under the influence of alcohol, on the street in front of 105, a spring 12:5 p.m., a spring 12:55 p.m., the Defendant: (a) received the Defendant’s motion to return home from C, such as “this crif police officer, the body inside the police officer, the crith, the crith son, the crith son, the crith bitch son, the crith son.” (b) received the Defendant’s motion to remove the above crith son’s chest from the floor of the police box, which he had been able to know personal information from D, who continued to support the Defendant.”

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The basic area of obstruction of performance of official duties (6-1 year and April) (6-1 year) / [decision of sentence] / The nature and circumstances of the crime are not good in that it re-offendings the previous record of punishment two times as the same military force. However, there is no previous conviction exceeding the fine, the fact that there is no criminal conviction exceeding the fine, the fact that there is no social relation, and other sentencing materials on the records such as the defendant's age, character and behavior, environment, etc. shall be considered and determined as the disposition as ordered

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