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(영문) 울산지방법원 2017.01.19 2016고단3961

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2016, the Defendant: (a) boarded a taxi operated by C in front of the E-dong community service center in Ulsan-gu, Ulsan-do; (b) on October 22, 2016, the Defendant was arrested as a flagrant offender due to the act of assaulting C without paying the taxi expenses to the said C; (c) was transported to the E-ray of the Ulsan-gu Police Station in Ulsan-gu, Ulsan-gu, U.S., U.S. on October 23, 2016; and (d) took the fright to a large voice while taking the fright to fright while drinking while taking the fright to fright while drinking from F (41) of the police box belonging to the above police box belonging to the victim who frighted the fright to fright, thereby having taken the head of the said F on one occasion by walking the fright at one time, and considered the sexual flag of the said F.

As a result, the defendant interfered with the police officer's performance of duties on the legitimate investigation of crime, and at the same time, cerebral sugars requiring approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A written request for cooperation in investigation [this case's defense counsel is asserting that the defendant was in a state of mental or physical loss or mental weakness by drinking alcohol at the time of committing the crime of this case. Thus, according to the above evidence, although the defendant was somewhat drinking at the time of committing the crime of this case, it is not recognized that the defendant had no or weak ability to discern things, and thus, the above argument is rejected.]

Application of Statutes

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the degree of assault and intimidation against the police officer with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is very serious and the method of insulting it, and that the method of insulting it, and the method of inflicting bodily injury on the victimized police officer, etc. are somewhat minor;

Although it can not be seen, it is against the depth of the crime, and under the influence of alcohol.