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(영문) 울산지방법원 2019.05.31 2018고단3712
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. On November 7, 2018, the Defendant interfered with business: (a) around 22:30 on the package horse of “D” operated by the victim C (the age of 57) near the Yangsan City B; (b) on a multiple occasions, the Defendant was under the influence of alcohol to customers “I will not live so,” and (c) the customer E (the age of 42) “I will live only up to her, and her life. I will live her life. I will live her life. I will do so. I will do so. I will see that I will do so. I will see the Defendant’s age. I will not see the Defendant’s age. I will see the Defendant’s age. I will see it for about 1 hour and 30 minutes, such as “I will live her life.”

Accordingly, the defendant interfered with the victim's packing horse business by force.

2. On November 8, 2018, around 00:15, the Defendant: (a) reported at the place indicated in paragraph (1); (b) 112 of this Article, stating that “Fastson shall continue to take a bath and fast to do so; and (c) was urged to return home from G in the circumstances where the Fast police box belonging to the Yangsan Police Station, who was called out, and then sent back one time to the Defendant.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 notification processing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to C, E, and G

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 under Article 62-2 of the Criminal Act on probation and community service order is that the accused has led to the crime of this case, has agreed with the victim to interfere with his/her duties, and the defendant's age, environment, motive for the crime, and circumstances after the crime.

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