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(영문) 울산지방법원 2014.03.20 2013고단3870
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. At around 01:30 on August 6, 2013, the Defendant, at the Defendant’s house located in Ulsan-si, Northern-si, Ulsan-si, and reported the Defendant’s leakage or the victim C (the age of 24) who was in his house and was in his house in his house (the age of 24) at a time without any reason, and assaulted the victim’s face on a one-time occasion with drinking and knenee, with his body of the victim’s body being taken in his house without any reason.

2. At the time and place indicated in the above paragraph (1), the Defendant: (a) was required to have a knife the knife, knife the knife, knife the knife, which is a dangerous object in the kitchen, and the knife, knife the knife, knife the knife, so that the knife would not enter the house, and then the knife would be cut off from the slope E. However, the Defendant threatened the knife in the state where the knife was continuously knife.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers for the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Records of seizure and the list of seizure;

1. Application of reports on the use of police gear, and reports on emergency measures;

1. Articles 144(1), 136(1) (Special Obstruction of Performance of Official Duties, Selection of Imprisonment) and 260(1) of the Criminal Act concerning criminal facts;

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 defendant assaultss a friendship victim under the influence of alcohol without any special reason, and the police officer called out after receiving a report has a knife and boomed the knife for him.

Crimes such as electronic shocks, arrest, etc. of police officers are inferior, and continuous assault is continued.

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