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(영문) 울산지방법원 2019.02.14 2018고단3419

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

On July 21, 2018, at around 01:15, the Defendant was under the influence of drinking driving by a slope B belonging to the Ulsan Police Station in front of the crosswalk 2778 prior to the entry into the Ulsan-gun, Ulsan-do.

이후 피고인은 알 수 없는 이유로 도로에 뒹구는 등 행동을 하였는데, 이때 같은 경찰서 소속 순경 C으로부터 제지를 받자 화가 나 위 C에게 “야이 개새끼야! 경찰관이면 다냐! 우리 세금 다 받아 처먹는 주제에.”라고 욕을 하며 양손으로 피해자의 머리카락을 잡아 2회 흔드는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the duty of regulating drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to C and D;

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

1. Article 62 (1) of the Criminal Act;

1. Although there was a past record of punishment for sentencing under Article 62-2 of the Social Service Order Criminal Act due to Defendant’s act of violence, etc., it again leads to the crime of this case. On the other hand, the depth after the crime is divided, the injured landscape expressed the intent of the crime, and other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc., shall be determined by considering the following factors: the execution thereof shall be suspended; and community service shall be ordered