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(영문) 울산지방법원 2020.08.21 2019고단5014

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. On November 23, 2019, the Defendant destroyed and damaged property by gathering fire equivalent to KRW 150,000,00 at the market price owned by the victim who was located in the region where the victim C was located in Ulsan-si, Ulsan-si, on the ground that the victim did not take the Defendant, on the ground that the victim did not take the Defendant.

2. At around 02:30 on November 23, 2019, the Defendant: (a) sought to return home from the police officer E of the Ulsan District Police Station, the Ulsan District Police Station, the Defendant investigated the Defendant in relation to the instant case, and (b) assaulted the police officer at the police officer, such as “I do not have a taxi; (c) I do not have a taxi; (d) I do not have a taxi; and (e) I do so; (e) I want to go home if I have come to know, if I have come to know, I do it; (e) I do it; (e) I want to come to know, if I would have come to know, and (e) I would have come to know, if I would have come to know, I would have received taxes from the police officer, and (e) I would like to see the instant case.”

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 C’s written laws and regulations

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is the confession of the crime of this case, the mistake is divided, there is no record of punishment in excess of the same kind of crime or fine, and the victim of damage to property is not subject to the punishment of the defendant, and other factors of sentencing, such as the age, environment, means and result of the crime, etc. of the defendant, shall be determined as the order, taking into account the following factors of sentencing.