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(영문) 울산지방법원 2015.11.26 2015고단2365
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:20 on September 8, 2015, the Defendant, while drunkd at the entrance of the parking lot C located in Ulsan-gu, Ulsan-gu, the Defendant abused the victim, such as breathing the victim D (the age of 21) who is a security guard of the said C, “I will dump, she can do so,” and breathing the victim’s breath, she dump while taking the victim’s bath, she dump with her hand, and dumping the victim.

2. The Defendant, at the time, at the time, and at the place specified in the above Paragraph (1) above, assaulted D, 112 of the disturbance, and heard the statement that he would be able to leave the scene F of the Ulsan Central Police Station E-districted by the Ulsan Central Police Station E-district, sent out after receiving a report of 112 of the disturbance, and returned to the Republic of Korea, he saw the above F’s right-hand c

Since then, while the defendant was arrested as a flagrant offender due to the crime of assault, etc. and was involved in the patrol E zone, he spited on the face and clothes of the above F on the ground that the above F was arrested.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Each legal statement of witness D and F;

1. The police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs, spits or spits of suspect in places where they are damaged police officers;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order Article 62-2 is for the first offense of obstruction of the performance of official duties (the scope of recommendations) and second offense of obstruction of the performance of official duties (fence of the performance of official duties and coercion of official duties) (fence of the basic area (fence of the execution of official duties) (fence of the execution of official duties) [fence of the punishment] types 1 of assault crimes (fence of the basic area (bence of February to October) and multiple aggravated crimes (fence of the punishment): From June to 19 (fence of the sentence).

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