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(영문) 울산지방법원 2019.02.22 2018고단2482
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

On August 5, 2018, at around 20:15, the Defendant flived a disturbance, such as drinking alcohol on the street in front of Ulsan-gu C, Ulsan-gu, and taking a bath to a person who passed after drinking alcohol, and the Defendant f recommended him to have a slope victim E (the age of 37) and F police officer belonging to the Ulsan-dong Police Station D, where he was working for the traffic control of Taecheon-dong forest festivals, and assaulted him, such as taking the face of the above E, and taking the shoulder of the above F that prevents him from walking.

As a result, the defendant interfered with the legitimate execution of duties by police officers on traffic management, and at the same time, the victim E had a snow pool requiring medical treatment for about 14 days, and a snow room around the snow.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (30 pages of evidence);

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lecture is under the influence of alcohol and the face of the police officer E in person who was urged to return home from the police officers who had been on duty for traffic control, etc. at the time when the defendant was under the influence of alcohol, and obstructed the police officer's legitimate performance of duties by assaulting him, such as cutting off the F's shoulder, who is another police officer to restrain it, and at the same time interfere with the police officer's legitimate performance of duties. In light of the Criminal Code, the nature and circumstances of the crime are not good, and the degree of the crime is not weak, and the crime is not weak, and the crime of this case is two police officers, and the responsibility for the crime of obstruction of performance of official duties is not easy due to the assault from the F. of the crime of obstruction of performance of official duties.

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