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(영문) 울산지방법원 2016.07.22 2016고단859
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year and six months.

However, from the date this judgment becomes final and conclusive, Defendant A.

Reasons

Punishment of the crime

1. Defendant A

A. On March 18, 2016, the Defendant was under the influence of alcohol in front of Esing rooms located in Ulsan-gun D, U.S. on March 18, 2016, and without any justifiable reason, assaulted five times to the left side bucks of the Victim F (56 years old).

나. 공무집행 방해 피고인은 같은 일시, 장소에서, 위와 같은 사유로 112 신고를 받고 출동하여 폭행사건을 조사하던 울산 울 주 경찰서 G 파출소 소속 경사 H(45 세) 이 피고인을 현행 범인으로 체포하려고 하자, H에게 욕을 하면서 발로 그의 다리를 수회 차고 이빨로 오른팔을 물어뜯고, 계속하여 울산 울주군 I에 있는 G 파출소에서 발로 H의 낭 심 부위를 수회 찼다.

Accordingly, the defendant interfered with H's criminal investigation and legitimate execution of duties concerning the arrest of flagrant offenders.

2. On March 18, 2016, the Defendant: (a) at around 20:10, at the Esing room located in Ulsan-gun, Ulsan-gun; (b) in order to arrest a flagrant offender under the charge of assault, he was found to have been sealed in both hands; (c) the Defendant: (d) attempted to arrest a flagrant offender under the charge of assault; and (d) intended to take a bath to J; and (d) removed the KON and the rank of the Defendant.

Accordingly, the defendant interfered with the investigation of crimes by J and H and the legitimate execution of duties on arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to J and H;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. A of the relevant criminal facts: Article 136(1) of the Criminal Act - Article 260(1)-2 of the Criminal Act - Article 136(1)-2 of the Criminal Act: Article 136(1) of the Criminal Act

1. Defendant B of ordinary concurrence: Articles 40 and 50 of the Criminal Act (a punishment prescribed for a crime with heavier punishment between interference with the performance of official duties and between interference with the performance of official duties)

1. Selection of each sentence of imprisonment;

1. A aggravated criminal defendant: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the crime of assault and the crime of interference with the execution of official duties).

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