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(영문) 울산지방법원 2017.06.14 2017고단672
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Damage to property;

A. On March 7, 2017, at around 00:0, the Defendant, while under the influence of alcohol on the road “D” located in Ulsan-gun, Ulsan-gun, U.S., U.S., U.S., the Defendant: (a) set a fat-down car owned by the victim E, which was parked at the same place without any justifiable reason; (b) set a fat-down car toward the said car; (c) opened a fat-house with the main entrance of the said car; and (d) destroyed the fat-gate cover of the said car so that the repair cost would amount to KRW 290,000.

B. The Defendant, at the same time and place as above A, destroyed the part of the fenced of the Plaintiff’s G, which was parked there without any reason under the influence of alcohol at the same time and place as above, by breaking the part of the fenced of the car kid by the body of the victim G, and breaking the 8,941,254 won of the repair cost by drinking the door of the driver’s seat.

Accordingly, the defendant has damaged the victim's property.

2. On March 7, 2017, around 00:25, at the same place as the above 1.1.25, the Defendant, who obstructed the performance of official duties, was forced to check the police officer of the Ulsan District Police Station I Police Station, who was dispatched to the scene after being reported at the same place as the above 1.12, and was forced to check the police officer of the Ulsan District Police Station I police station, who was affiliated with the police officer, to take the clothes of the saidJ in his/her hand, and tried to put him/her under the custody test for the police officer who was worn by the saidJ, and to put him/her

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Photographs of the damaged vehicle (15th page of investigation records), report on internal investigation (a photograph of the damaged vehicle);

1. Each investigation report (related to a written estimate attached);

1. Application of the law of the police statement protocol to J

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The first crime (Interference with the execution of official duties) of the sentencing criteria (the scope of the recommended punishment).

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