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(영문) 울산지방법원 2018.09.13 2018고단1894
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2018, the Defendant: (a) around 12:30, the Defendant: (b) had brupted the victim D in the E-store operated by the victim D in Yangsan-si apartment commercial building; (c) had been able to brut the victim, without any reason, by e-mailing the victim; (d) had the customer who found the said store; and (e) had been able to brut the victim; and (e) had been asked for a change from the victim; (e) had been able to avoid a disturbance over about 30 minutes, such as continuing to sit down on the floor of the shop and taking a bath.

Accordingly, the defendant interfered with the victim's oral repair business by force.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph 1, and at the same time and place, reported as above, and demanded that the Defendant return home from the police box affiliated with the police box belonging to the Yangsan Police Station, which was called out after receiving a report of 112, he saw the above G’s garle part of the above G at one time with the right hand, and knee at one time with the left side of the vehicle.

Accordingly, the defendant assaulted the police officer who performs his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G or D;

1. Application of CD-related Acts and subordinate statutes

1. Articles 136 (1) and 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The reason for a suspended sentence under Article 62(1) of the Criminal Act does not have any record of being punished as an act of violence against the defendant for the reason of sentencing, and that the person will not repent in depth after committing the crime and not repeat the crime;

The sentencing conditions in the records, such as the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc. shall be comprehensively considered, and the execution of the sentence shall be suspended.

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