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(영문) 울산지방법원 2016.06.15 2015고단2733
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 5, 2015, from around 00:00 to around 00:30 of the same day, the Defendant was aware of the victim D’s “E main store operated by Ulsan-gun, Ulsan-gun, that he would calculate the drinking value of KRW 2.70,00 from the injured party under the influence of alcohol.”

spits or spits the victim's face, and makes customers leave the area by avoiding the disturbance.

Accordingly, the Defendant interfered with the victim's singing practice business by force, and assaulted the victim.

2. The Defendant interfered with the performance of official duties was arrested by a police officer who was dispatched after receiving a report for the foregoing reason, and was carried out by a G police box located in the Ulsan-gun F of Ulsan on September 5, 2015.

The defendant is present to the above D in order to investigate the damage by the defendant. "Ping D immediately after the end of each year, the lab must be installed."

“In the course of carrying out the bath theory, I would like to die in the way of Chewing impule? However, I would like to die at the same time, when I want to do so from the assistant H belonging to G police box;

v. L. L. L. L. L. L. k. L. L. L. L. :

Mek Raba

“In doing so, as the above H was crypted, assaulted, such as drinking, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the investigation of flagrant offenders and the maintenance of order within a police box.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with H and D (in the case of the police statement protocol with D, including the I statement part in the case of the police statement protocol with D);

1. Application of each statute on photographs;

1. Articles 136 (1), 314 (1), and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. 경합범 가중 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50조 [ 양형이 유] 양형기준 : 징역 6월 하한 ☞ 공무집행 방해죄 기본영역( 징역 6월 ~ 1년 4월) 의 하한 인 징역 6월을 전체 하한으로 함 동종 범행으로 여러 차례 처벌 받은 전력이 있음에도...

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