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(영문) 울산지방법원 2017.05.23 2017고단703
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On December 6, 2016, the Defendant was arrested as a flagrant offender from a slope D, etc. belonging to the above police box called up after having received a report that the Defendant driven a drinking, and was arrested as a flagrant offender, and called up to the above police box. On December 6, 2016, the Defendant resisted that the Defendant was urged to sit at the police box inside the police box from the above D, and she sprinked up twice to the spons of D, such as walking the spons of D.

As a result, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the dispatch and investigation of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on occurrence of a disaster (Obstruction of performance of official duties);

1. A written inquiry about criminal history data;

1. Application of Acts and subordinate statutes to each investigation report (as to the attachment of photographs to the victim (as to the attachment of images to the victim), (as to the confirmation of CCTV images and the attachment of photographs), (as to the attachment of judgments related to the same kind of violent power);

1. Even if the Defendant’s assertion that the crime in this case was committed was committed with mental or physical disorder, the pertinent legal provisions of the Criminal Act, Article 136(1) of the Criminal Act regarding criminal facts, and Article 136(1) of the Criminal Act regarding the selection of a sentence, and the Defendant’s assertion that it would not be memory at the time of the crime of imprisonment, the Defendant had no or weak ability to discern things or make decisions, in light of the background leading up to the crime in this case, the means and method of the crime, the progress

Therefore, the above argument cannot be accepted.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing guidelines [Types of Determination] : Category 1 (Interference with and Compelling of Duties) [Special Sentencing] - Where the degree of interference with the performance of official duties is serious, [Determination in the sphere of recommendation] / [Scope of punishment] 1 year to 4 years [whether suspended sentence is suspended] - Where the degree of interference with the performance of official duties is serious: Where the degree of interference with the performance of official duties which is negative, the reasons for general consideration are negative.

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