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(영문) 울산지방법원 2019.10.31 2019고단2811

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 15, 2019, the Defendant assaulted the victim at “C” located in Yangsan City B, and at “C”, the victim D (Nam, 48 years old), who was going to the stage and singing up, was at the time of the victim’s left side with the hand floor without any special reason.

2. On June 16, 2019, the Defendant: (a) around 01:15, in an emergency room of the F Hospital located in Yangsan-si E; (b) “necessary for police officer’s assistance”; (c) the security guards belonging to the Yangsan Police Station G police box called “Isson’s request for police officer’s assistance”; (d) the Defendant laid down the empty bridge on the floor; (c) the Defendant attempted to cut down the H’s two legs by hand; and (d) the Defendant tried to cut down the H’s two legs by drinking around the left side of the second round.

Accordingly, the Defendant interfered with the legitimate execution of duties of the H on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Written statements of D;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

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

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the degree of damage is not severe);

1. Probation and community service order under Article 62-2 of the Criminal Act;