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집행유예
(영문) 울산지방법원 2015.12.24.선고 2015고단3090 판결

특수공무집행방해,특수공용물건손상

Cases

2015 Highest 3090 Special Obstruction of Performance of Official Duties, Damage to Special Public Goods

Defendant

A (68 years, South Korea), free from office

Prosecutor

The right of a leap State (prosecutions) and motives (Trial)

Defense Counsel

Attorney Park Byung-hwan

Imposition of Judgment

December 24, 2015

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal History Office

The defendant is 67O** A person who drives a rocketing motor vehicle.

On September 22, 2015: around 04, the Defendant: (a) driven the said strawing car on the road near the 221st parallel lane in Ulsan-gu, Ulsan-gu, Ulsan-do; (b) discovered that 10 auxiliary police officers in the middle of the 3rd parallel of the Ulsan-do Police Agency did so at the direction of the 10th parallel of the 5th parallel of the 1st parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 1st parallel of the 10th parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 1st parallel of the 5th parallel of the 5th parallel of the 5th parallel of the 1st parallel of the 1st parallel of the 5th parallel of the 1st parallel of the 1st parallel of the 1st.

As a result, the Defendant carried dangerous objects and obstructed the police officer’s legitimate performance of duties in relation to the drinking group, and damaged public goods.

Summary of Evidence

omitted.

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of official duties with carrying dangerous objects), Articles 144(1) and 141(1) of the Criminal Act (the point of damaging dangerous objects for carrying dangerous objects) of the Criminal Act

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

The crime of this case is committed in a manner that the defendant's health is not good, such as the defendant's age, character, and behavior, exchange warning, the motive and circumstances of the crime of this case, the means and result of the crime of this case, and the circumstances after the crime, etc., and thus obstructing the performance of official duties by driving so as to cause damage to the public goods by shocking the defendant's vehicle, and to cause danger to the life or body of police officers who drinking with the above vehicle. However, the crime of this case is committed in light of the circumstances, methods and contents, etc. of the crime.

Judges

Judges Lee Gyeong-won