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(영문) 울산지방법원 2018.11.09 2018고단1913
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around June 4, 2018, the Defendant expressed the victim E, a police official called the victim’s son, who was dispatched after receiving a report on his/her street inside Ulsan-gu D pharmacy in Ulsan-gu, U.S., for the reason that he/she demands the victim to present his/her identification card to the deceased.

Accordingly, the defendant openly insultingd the victim.

2. 공무집행 방해 피고인은 2018. 6. 4. 20:30 경 울산 남구 F에 있는 울산 남부 경찰서 G 지구대 앞 주차장에서 위 G 지구대 소속 순경 E이 택시 운전사를 폭행한 사건으로 피고인을 현행범 체포하여 위 지구대로 인치하려 하자, 위 E에게 “ 이 씨 발 새끼, 죽여 버린다 ”라고 욕설을 하고, 발로 위 E의 왼쪽 팔꿈치와 양쪽 허벅지를 걷어찼다.

Accordingly, the defendant, who is a police official, interfered with legitimate execution of duties concerning the investigation of the above E crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes to each photograph (Evidence No. 1);

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) (the point of obstructing the performance of official duties) and 136 (1) (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;

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

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not weak, and the nature and circumstances of the crime are not good, and the crime was not agreed with the victimized police officer up to the present time, and the liability for the crime was not easy, and even if there was no record of punishment for the same kind of violent crime, the crime of this case was committed in addition, even if there was a record of punishment for the same violent crime, etc.

However, the defendant.

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