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(영문) 울산지방법원 2019.01.24 2018고단2727
폭행등
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. Around July 13, 2018, the Defendant: (a) asked the victim D (50 years of age) who is a substitute driver at the G parking lot located in Ulsan-gu, Ulsan-gu; (b) but was under the influence of alcohol to ask where the destination is located; (c) while the victim was unable to answer properly, the Defendant committed an assault, such as asking the victim’s destination continuously, and when the victim was satisfing the victim’s ship and chest in the guide for the guide.

2. On July 13, 2018, the Defendant of the obstruction of performance of official duties, at around 22:40, when she tried to drive a car in the state of alcohol at the places indicated in paragraph (1), she shall hear the words “I will see that I will not drive a car in the state of drinking. I will see the words “I will see how I will do so. I will see? I will see how I will see? I will do so? I will see how I will son equal to bit son, I will am superior? I will am? I will see how I will do you will interfere with the son? I will see that I will see that I will see that I will see the son's son's son's son's son's son's son's son's son's son's son's son's son's son.”

Accordingly, the defendant interfered with legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of D and H

1. Articles 260 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is relatively minor; the depth of the offense after the Defendant was committed; the Defendant’s age, occupation, character and conduct, family relationship, living environment, circumstances leading to the offense; and the circumstances after the commission of the offense, etc., the sentence like the order shall be determined and the execution thereof shall be suspended.

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