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(영문) 울산지방법원 2017.11.01 2017고단2976
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2017, the Defendant damaged property: (a) around 00:05 on July 1, 2017, before the Victim D located in Ulsan-gu C, Ulsan-gu, the Defendant: (b) was under the influence of alcohol to the victim “Any other person so parked.”

By pointing out “the wall made up of the said gate and the panel,” the locking device of the gate of the next gate was destroyed, and the wall made up of the panel was damaged (repair cost) by destroying the property owned by the victim.

2. The Defendant obstructed the performance of official duties at the same time, at the same place, and was arrested from F to an offender of the instant case from the situation F in the position of the Ulsan Central Police Station E District, which was called out after receiving a report at the same time and at the same place, and assaulted the said FF’s back heart part of the back to the next floor by walking in one time, and assaulted by means of spiting the Defendant’s face to the patrol lane by a slope G belonging to the same earth.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the above F and the above G crime investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Destruction of property under relevant provisions of the Criminal Act concerning facts constituting an offense: Article 366 (1) of the Criminal Act that interferes with the performance of official duties;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines for Class 1 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] The scope of final sentence due to the aggravation of punishment for Class 1 Crimes (Special Reductions) / [Scope of Punishment from January to June] / The scope of punishment for Class 2 Crimes (Special Reductions) / The scope of punishment for Class 1 Crimes (Destruction of Property Damage, etc.) / The scope of punishment for Class 1 Crimes (Special Reductions : June to September): The scope of final sentence due to the aggravation of punishment for Class 1 Crimes from September 1 to September 1.

2.The sentencing criteria shall be based on the following sentencing criteria:

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