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(영문) 울산지방법원 2016.10.20 2016고단2684
공무집행방해
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

1. 2016. 7. 28. 00:50경 범행 피고인은 2016. 7. 28. 00:50경 울산 동구 B에 있는 ‘C식당’ 앞길에서 “집단폭행을 당했다.”는 피고인의 112신고를 받고 출동한 울산동부경찰서 D지구대 소속 순경 E이 피해사실에 대해 물어본다는 이유로 입에 담을 수 없는 욕설을 하면서 E의 얼굴을 향해 침을 1회 뱉고 발로 E의 오른쪽 무릎 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

2. On July 28, 2016, the Defendant 00:55, around 00:55 on the same day as paragraph (1) and on the same day, she spited G spite on the ground that he was arrested as a flagrant offender in the obstruction of performance of official duties before the Ulsan-dong Police Station D District Unit of the Ulsan-dong Police Station D District, Ulsan-dong Police Station, Ulsan-dong, and entered the said district, and G spite his face one time on the ground that G spits off.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] : The first category of obstruction of the performance of official duties (6-1 year and 4 months) and the basic area (6-1 year and 4 months) of obstruction of the performance of official duties (decision of sentence / The decision of special appearance] favorable circumstances / The defendant's act of committing this case in the state of assault committed by others, and the act

1. The appearance of a police officer’s face is spits or spits, etc. that are disadvantageous to the police officer’s face, and that there is a record of being fined once for the same crime.

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