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(영문) 울산지방법원 2016.07.22 2016고단1635
공무집행방해
Text

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

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

Reasons

Punishment of the crime

The Defendant was under the influence of alcohol from C church in Ulsan-gu, Ulsan-gu, the Defendant was under the influence of alcohol. On May 15, 2016, the Defendant was under the command of Ulsan-gu Police Station Diplomatic Police Station, the police box belonging to the Ulsan-do Police Station E, and the Defendant was under the command of the police station F, who was called out on May 15, 201.

The Defendant took a bath on the ground that he was locked, while drunk sobing so that he was unable to have the ability to discern things or make decisions with respect to his ability to discern things by drinking alcohol, she taken the head once again against G with his hair once, and her breast with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue with his brush.

As a result, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and F;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime against G with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. A type 1 (Interference with and Compelling of the performance of official duties) (person who is subject to special sentencing): The degree of violence, intimidation, and deceptive scheme is to be mitigated: A majority (two police officers) of the public officials who have suffered damage (two police officers) (the person subject to general sentencing): Reduction factors of punishment: Imprisonment with prison labor for not less than six months and one year and four months (the scope of recommendation) (the basic area) [the scope of suspended sentence] - The degree of violence, intimidation, and deceptive scheme is minor, the degree of punishment is not minor, there is no history of criminal punishment - there is no record of criminal punishment - there is no record of criminal punishment: The reason for positive consideration is serious reflect, the defendant has no criminal record of suspended sentence or more, the age of his/her old (the age of He/she, the age of 65), and the defendant's health status is not very good (a disability with cutting off).

2. Six months of imprisonment with prison labor for a decision of sentence;

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