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(영문) 울산지방법원 2018.07.12 2017고단4487
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, around 22:55 on December 15, 2017, 2017, was under the influence of alcohol at “Duding room” on the first floor in Ulsan-gu C underground, Ulsan-gu, Seoul, and was under the influence of alcohol.

The Defendant, upon receipt of a report of the business caution, has a shouldered F, a police officer belonging to the Ulsan Southern Police Station E District Police Station, to have the Defendant return home to the Defendant.

Chewing, cut, and so forth are well good.

“In doing so, knee, kneee, knee, knee, the right slee, etc. of the police officer at his/her hand, and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

The Defendant, on January 5, 2018, 2018, was under influence of alcohol in the toilet speaking column for the toilets located in Ulsan-gu G and the second floor in Ulsan-gu G and the second floor on the 2nd floor of the Defendant. However, the said female proprietor of the said main shop was a frighter of the Defendant, who was under influence of alcohol. However, the said female proprietor of the said main shop was a frightch, fright, but was under influence of fright, at a time.

“Absingly, I would like to continue to sleep without being able to occur.”

Upon receipt of a report, the Defendant, a police officer belonging to the U.S. military police station I police station in Ulsan-do, expressed the Defendant’s desire to “Cyp and Mada,” and assaulted the Defendant on the left side of the said slopeJ as drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the JJ 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, J, and K;

1. Application of the respective Acts and subordinate statutes of L and M;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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. Crimes 1 of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence, which are the first type [the scope of recommendations] of Article 62(1) of the Criminal Act on the grounds of obstructing the performance of official duties, and the first type [the scope of recommendations] of Article 62(1) of the Act on the Suspension of Execution that there is no basic area (the interference with the performance of official duties and the coercion of duties) / [the scope of recommendations] of Article 62(1)

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