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(영문) 울산지방법원 2018.11.09 2018고단2617
공무집행방해
Text

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

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

Reasons

Criminal facts

On July 23, 2018, around 08:50, the Defendant: (a) took a heavy breathic bath before the police box located in Yangsan-si B; (b) was subject to a disposition of violation of the Punishment of Minor Offenses Act by the police officers affiliated with the said police box; and (c) subsequently, the Defendant d(60m wide, about 60m long, about 60m long) of the 2 team affiliated with the C police box that solicits the Defendant to return home, and committed assault, such as: (a) taking a stone (6m long, about 39m long) going to the direction of the two team.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] There is no basic area (from June to one year and six months) (the person subject to special sentencing) (the person subject to special sentencing) [the decision of sentencing] [the decision of sentencing] and the reason and degree of interference with the performance of official duties, the defendant's criminal records, together with the police officer's criminal records, and the responsibility for assaulting against the police officer, such as assaulting him.

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