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(영문) 울산지방법원 2014.10.31 2014고합282
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2014, at around 20:00, the Defendant damaged public goods by carrying golf bonds and entering into an Eup/Myeon office under the influence of alcohol at the Dupup office located in Ulsan-gun, Ulsan-si, Ulsan-si, and then, “public officials shall die. In the event of tax reduction, e.g., e., gue., e., gue.).” In that sense, the Defendant: (a) caused damage to the public goods, which are public goods located in the said golf-based office; and (b) damaged the Defendant’s repair cost of KRW 46,

2. On August 30, 2014, at around 13:50, the Defendant injured by special obstruction of performance of official duties: (a) entered into an Eup/Myeon office with golf loans while drunkly being drunk; and (b) sounder, “I sees the explanation that I cannot have any choice because I worked most of the employees from E of the public officials belonging to the D Eup office where he was on duty, and I would like to hear the golf loans, which are dangerous articles in possession of the said E, for three times, and the rear part of E’s back and head.

As a result, the Defendant interfered with the legitimate execution of duties of the above E, which was on duty by using golf loans, which are dangerous objects, and thereby, caused the victim E (the aged 40) to damage the character of other parts requiring medical treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. A H statement;

1. A written diagnosis of injury;

1. Receipts:

1. Filing reports on the occurrence of special obstruction of performance of official duties, investigation reports, investigation reports (Attachment to golf loans used by the suspect for violence), investigation reports (in favor of the suspect on books damaged by the suspect), application of each statute of photograph;

1. Article 144 (2) (main sentence) and (1) of the Criminal Act, the proviso of Article 144 (1), Article 136 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act (the point of damage to public goods and the choice of imprisonment);

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

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