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(영문) 울산지방법원 2019.01.10 2018고단2963
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On June 29, 2018, the Defendant: (a) 01:15, on the road of Ulsannam-gu, Ulsan-gu, B apartment; (b) Inasmuch as a substitute driver who driven the Defendant’s vehicle did not properly park the vehicle, the Defendant took a bath to the said substitute driver on the shoulder of D, a policeman who was a policeman of the Ulsan-nam Police Station C Zone C District, dispatched after receiving a report from the said substitute driver, and continuously takes a bath to the said substitute driver; (c) on the part of the victim E (35 years old) who is a slope belonging to the said C District, dispatched with the said D, the Defendant took a bath to the said substitute driver on the ground that he did not properly park the vehicle; and (d) during the said dispute, the Defendant took a hand to the shoulder of D, who was a policeman of the said substitute driver, who was called up with the said D, and (d) was subject to restraint from the victim’s vehicle where the said substitute driver was in use.

똘아이야, 닭대가리 새끼야!'라는 등 욕설을 하였다.

Accordingly, the Defendant openly insultingd the victim.

2. On June 29, 2018, the Defendant: (a) at the place indicated in the preceding paragraph, at around 01:38, the Defendant was informed of the crime of violation of the Punishment of Minor Offenses Act due to the disturbance of alcohol by the foregoing E; and (b) at the seat of the patrol vehicle driven by Ulsannam Police Station C District District of Ulsan-gu, Seoul (the age of 36) who was called the said patrol vehicle to leave the patrol vehicle; (c) the said patrol vehicle opened the driver’s seat of the said patrol vehicle; and (d) was removed from the said F, who obstructed the movement of the said patrol vehicle by blocking the movement, such as blocking the front of the said patrol vehicle; and (e) the said F’s chest’s chest was sealed by the feet hand, and (e) took a bath, such as “Ih, kick mar mar f f k k k k k k k k k k k k k k k k k k k k k k.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the F F, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of F or F police statement;

1. E statements;

1. Application of CD 2 Acts and subordinate statutes

1. Articles 136 (1) and 311 of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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