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(영문) 울산지방법원 2014.12.04 2014고단3108
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

On June 21, 2014, at around 06:07, the Defendant was required to return home from the slope C belonging to the Ulsan Southern Police Station B police box, which was called to the site after receiving a report that a drunk person takes water on the road in front of the agricultural and fishery product market located in Ulsan-gu, Ulsan-gu, and requested him to return home from the scene, and then he was moved to the Ulsannam-gu E, which is the Defendant’s residence.

At around 06:40 on the same day, the Defendant demanded to get out of the train in front of the Busan Bank located in Ulsan-gu, Busan-ro, 230, and after getting out from the patrol vehicle, the Defendant took a bath to “this spacific spacin spacin spacin spacin spacin spacin spacin spacin spacin spacin spacin spacin spacin”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of public peace and order of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

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

1. Reasons for the sentencing of Article 62-2(1) of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of the obstruction of performance of official duties (fence of performance of official duties/performance of duties) (fence of June-1 and April) (fence of a sentence] (fence of a sentence] cannot be deemed to be less severe, and the responsibility of assaulting a police officer dispatched upon receiving a report cannot be deemed to be good, such as the nature of the crime and circumstances such as the injury, obstruction of duties, interference of duties, etc. However, the degree of assault is not excessive, and the degree of assault is not excessive, and the punishment as ordered is determined by taking into account the following factors: (a) the degree of assault is not excessive

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