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(영문) 울산지방법원 2016.06.23 2016고단362
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 13:40 on February 20, 2016, the Defendant assaulted a female under the influence of alcohol in Ulsan-gu B and 2’s house, and the Defendant called the Defendant’s house after receiving C’s 112 report and sent the Defendant to the Defendant, and was asked by C about the background of the instant case from the Ulsan-gu Police Station D police officer belonging to the Ulsan-gu Police Station D police station in the Ulsan-gu, U.S., where he heardd the circumstances of domestic violence, and from the slopeF, he expressed his desire to “I am in the mind of I am, I am for drinking” on the ground that “I am, I am for drinking, I am for two occasions,” and continuously, F am for drinking.

As above, Defendant obstructed the police officer’s legitimate performance of official duties on the handling of reported cases, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Emergency measures report;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no person who has the basic area (from June to January 4) (the person who has been subject to special sentencing) [the sentence] [the decision of sentence] against police officers who have heard sexual assault by the defendant living together, it is not good that the crime of this case is committed by assault as stated in its reasoning.

However, the fact that the defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment due to the same crime, and that the defendant seems to be in a contingent crime while under the influence of alcohol, and that all of the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as ordered

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