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(영문) 울산지방법원 2019.05.16 2019고단613
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 December 18, 2018, the Defendant: (a) around 23:10 on December 23:10, 2018, at C main station located in Ulsan-si, Ulsan-si; (b) on the ground that the police officer F, who belongs to the Ulsan-si, called the Defendant after receiving a report of 112 that the Defendant was wraped with D, controlled the Defendant to go to the said D; and (c) on the ground that the police officer F, who belongs to the Ulsan-si Police Station Estation, proposed to go to the said D

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties): Basic area (6 months to June); and

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

The fact that the defendant recognized the normal facts charged in favor of the defendant, and that it is an contingent crime, and that it is an assaulting a police officer who prevents him from committing any assaulting D while under normal alcohol unfavorable to the defendant, and that it is poor that he has committed a assaulting again, and that he has the same criminal record and two times before the same kind of crime.

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