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(영문) 울산지방법원 2021.01.13 2020고단1631
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[20, 2020, 1631, on April 5, 2020, the Defendant: (a) at the 2nd floor of the Ulsan B Public Notice No. 20:52 on April 5, 2020; (b) at the Ulsan Public Notice No. 20:112 on April 5, 202; (c) at the police box C, the police box belonging to the Ulsan Public Police Station C, who was called out after receiving a report No. 112, prevented the Defendant from assaulting the Defendant 112 reporter; and (d) at the time the Defendant was

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

[200 Highest 4800] On August 16, 2020, the Defendant stolen the victim’s property with the amount of KRW 40,000 in cash stored in another place, which is managed by the victim G in Ulsan-gun F on August 16, 202 by the victim G in Ulsan-gun F, Ulsan-gun.

Summary of Evidence

[200 order 1631]

1. Each legal statement of the witness D, I and J;

1. According to the evidence duly adopted and investigated by this court, police officers D were the defendant in a way that the defendant appeared to have been present at the scene to prevent the recurrence of additional violence after witnessing the scene and then, it was deemed that such act met the requirements of Article 6 of the Act on the Performance of Duties by Police Officers.

B. According to the evidence duly admitted by the police officer D, while performing the above legitimate duties, it may be sufficiently recognized that D's assaulted by the Defendant to arrest the Defendant as an offender in the act of committing an act of committing an offense, and during that process, it shall be sufficiently recognized that D's compliance with the procedure, such as notifying the Defendant of the summary of the offense, the reason for arrest, and the fact that he/she may appoint a defense counsel.

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A photograph of a CCTV image to be cut;

1. Application of Acts and subordinate statutes to investigation reports (victim G telephone communications);

1. Article 136 (1) of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

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