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(영문) 울산지방법원 2016.12.22 2016고단3359
공무집행방해등
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. On August 30, 2016, around 03:53, 2016, the Defendant asked questions to the above B to verify the circumstances of the instant case, namely, the police officers of the Yangsan Police Station C police box, who had been dispatched to the scene after having received 112 report, in front of the Korea Forest Service located in the 250-ro, Geumsan-si, Geumcheon-si, Geumcheon-si, 250.

At around 04:20 on the same day, the Defendant saw it as follows: (a) “I will hear the other party’s horses without hearing the horses,” and b) will go to the Si, and the above D will pose a threat, such as “I am, I am on the road, I am dead,” and when D’s chest was 4 times in drinking.

In addition, the above police officer arrested the defendant as a flagrant offender in the crime of obstruction of performance of official duties and tried to board the patrol force, and the defendant received twice the above E’s entry rank as his head.

As a result, the defendant assaulted the above D and E to interfere with the legitimate performance of official duties of the persons involved in the investigation of crimes and maintenance of order, etc., and at the same time, the defendant injured the above E during about a period of three weeks of medical treatment.

2. At the above date, time, and place, the Defendant damaged public objects, by arresting the Defendant as an offender in the crime of obstruction of performance of official duties, and having the Defendant take the front side of the patrol vehicle take away from the patrol vehicle, making the back of the patrol vehicle take away, and destroying it so that the repair cost of KRW 40,000 is equivalent to the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Photographss of the upper part, photographs of damaged vehicles, and estimates;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the crime;

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

1. Aggravation for concurrent crimes;

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