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(영문) 울산지방법원 2016.10.13 2016고단2364

상해등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for five months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Defendant A at around 10:00 on July 3, 2016, at the front of the “agricultural and fishery products market” located in Ulsan-gu, Ulsan-do, the Defendant: (a) reported and sent a 112 report to the “agricultural and fishery products market; and (b) prevented the Defendant and B from wrapping up with a slope of the Ulsan-nam Police Station C commander of the Ulsan-gu, Ulsan-do; (c) took a bath to D; and (d) d’s shoulders up to the bottom by hand.

As such, the Defendant assaulted D, who is a police officer, thereby obstructing D’s legitimate performance of duties regarding D’s dispatch of the 112 Reporting Services, and at the same time inflicted an injury on D such as hume, which requires medical treatment for about two weeks.

2. Defendant B attempted to abscond the police officers belonging to the police box, who were called out after having received the report of paragraph (1) and 112 at the same time and time as that of paragraph (1) and at the same place. The police officer E and F, who belongs to the above police box, took a bath to the above police officers, and served him as the police officer, and she sawed him to take a bath, display him a drinking, and her abscence.

As such, the Defendant assaulted the above police officers, thereby obstructing the police officers from performing their legitimate duties regarding the dispatch of the 112 reported police officers.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to D, F, and E;

1. Application of the Acts and subordinate statutes requesting investigation cooperation;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act; Article 257(1) of the Criminal Act

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. The sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution does not relax the degree of obstruction of the performance of official duties. However, considering the fact that the Defendants seem to be against the depth of the commission of a crime, the Defendants are criminal offenders who committed contingently under the influence of alcohol, the fact that the Defendants did not have any past record of obstruction of the performance of official duties, and deposit KRW 2 million for the victimized police officers, etc., the punishment is determined as ordered by the Disposition.