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(영문) 울산지방법원 2018.08.14 2018고단1610
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. Around 02:50 on April 4, 2018, the Defendant: (a) performed drinking with C’s husband and wife at C’s residence located in Yangsan-si B apartment 206 Dong 1 △△△△△△, and (b) was arrested in the act of committing an act of committing an act of violence against C; (c) the Defendant, along with C and police officers, was arrested in the act of committing an act of violence by E(36) belonging to Yangsan-si Do Police Station D police station; and (d) the Defendant, along with C and police officers, was on board the elevator with the above 206 Dong 1,2 Ra, 1, and 2 Ra, following the Defendant’s complaint to arrest the act of committing an act of committing an offense in question, and said E, “I am this son, h, and h, she must do so”; and (d) took the above E’s hand, spabling his son, and strobling it.

2. The Defendant damaged public goods: (a) was arrested in the act of committing the crime described in paragraph (1) before the parking lot of the first floor above the apartment as set forth in paragraph (1); (b) was marked off with the driver’s seat of the patrol car (Yansan No. 13) used by the Yangsan Police Station D District; (c) was loaded with the driver’s seat of the above vehicle; and (d) 667,236 won of the repair cost, she laid off the string to the back of the driver’s seat of the above vehicle; and (e) she was f67,236 won of the repair cost.

Accordingly, the Defendant destroyed the patrol car, which is an object used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of a letter of arrest of a flagrant offender, a photograph to be sent, a copy of a written decision to send him/her, and a letter of apology;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense and obstructing the performance of official duties in the choice of punishment: Article 136 (1) of the Criminal Act; Article 141 (1) of the Criminal Act; Article 141 of the Criminal Act; Article 141 of the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to goods for public use, the punishment of which is heavier);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law;

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