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(영문) 울산지방법원 2016.11.10 2016고단2903
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

On July 19, 2016, around 23:00, the Defendant: (a) received a report of assault from the victim D (year 35) before the Ulsandong-gu Ccafeteria; and (b) was arrested of flagrant offender by the F during the police box belonging to the Ulsan East Police Station Estation, which was called out after receiving the report of assault from the victim D (age 35); (c) was resisted by the Defendant’s resistance to the lower part of the said F, and committed assault by walking the bridge on several occasions.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The portion of dismissing public prosecution under Article 62 (1) of the Criminal Act (including the fact that a person commits any contingent crime under the influence of alcohol, has no criminal record of the same kind, and has deposited money to a certain extent for the victimized police officer, etc.);

1. At around 22:50 on July 19, 2016, the Defendant used the victim’s face at one time, and used the victim’s face at two times, on the ground that the victim D(35 years of age) was about the Defendant in front of the C cafeteria located in Ulsan-gu, Ulsan-gu, Seoul-do.

2. According to the written agreement submitted to this court, it can be recognized that the victim has withdrawn his/her wish to punish the defendant after instituting the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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