logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.07.03 2014고단761
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On March 15, 2014, the Defendant was driving a Bsch Rexton car and driving a road located in the 3rd half-gu, Ulsan-gu, Ulsan-gu, Seoul-do, where the traffic control was conducted to prevent the occurrence of the traffic accident, and the driver was under the control of the traffic accident from the slope D(44) belonging to the Ulsan Central Police Station, the victim, who was the victim of the Ulsan Central Police Station Co., Ltd., who was carrying out the traffic control over the prevention of the occurrence of the traffic accident, to stop without fastening the safety belt, and did not comply with the

Then, the Defendant instructed the victim to move the vehicle from approximately 3 meters off the above vehicle to the road side while moving the vehicle to the road, and stopped by adding the above vehicle to the victim's side, and followed by plucking and plucking the hand of the victim and taking a speed buck, thereby leading the victim to the driver's seat next to the driver's seat of the above vehicle.

As a result, the Defendant assaulted the police officer D who is performing legitimate duties on traffic control, obstructed his performance of duties, and at the same time caused him to suffer a loss of satisfaction with the right side which requires approximately two weeks of treatment due to the above assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Service log of a police box;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense, Articles 262 and 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution is that the crime of obstruction of performance of official duties/performance of official duties (the scope of recommending punishment] from 6 months to 1 year and 4 months of the sentence of recommendation [the sentence] from 6 months to 6 months of the sentence of imprisonment [the sentence], the police officer who had been engaged in traffic control even though he was involved in traffic, disregarded the police officer's stop order

However, the degree of injury of the police officer is the degree.

arrow