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(영문) 울산지방법원 2016.11.02 2016고단3007
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 15:05 on September 3, 2016, the Defendant expressed his desire to “Isk for those who were in a park under the influence of alcohol in the open park located in Ulsan-dong, Ulsan-gu, 14:05, U.S., Ulsan-gu, 77-ro 14-gil,” and stated that “Isk for those who were in a park, Isk for those who were in a park,” “Isk for those who are police officers belonging to the Ulsan-dong Police Station C District in the Ulsan-dong Police Station C District, Ulsan-gu, and called “Isk for the police officers of the C District.Isk for the first time. Isk for the first time, Isk for the above police officers to “Isk for the police station of the Switzerland-dong Police Station, Isk for those who were in a park, Isk for the bit of bitch, Isk for the bit of bitch.”

Accordingly, the Defendant, a police officer, interfered with the legitimate execution of duties concerning the handling of the reported case.

Summary of Evidence

1. The Defendant’s partial statement in court - the Defendant’s behavior at the time did not reach the degree of the obstruction of the performance of official duties, and the police alleged that the Defendant was arrested as an offender in the act of the crime of the crime of the crime of the crime of the crime of the obstruction of official duties. According to the evidence duly adopted by the Defendant’s defense counsel with his/her consent to the whole evidence, it can be sufficiently recognized that the due process related to the arrest of the offender in the crime

1. Each police statement of the F, D, E, and G;

1. A statement prepared by H;

1. The application of Acts and subordinate statutes of the investigation report (No. 10,12);

1. 범죄사실에 대한 해당법조 형법 제136조 제1항(징역형 선택) [양형이유] 양형기준 : 징역 6월 ~ 1년 4월 ☞ 공무집행방해 기본영역 동종 집행유예기간 중 범행으로 범행의 반복성, 재범의 위험성 등을 종합하여 실형을 선택하되, 기록과 변론에 나타난 범행경위, 반성태도, 건강상태 등 여러 정상 참작하여...

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