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(영문) 울산지방법원 2018.10.19 2018고단1857
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

around 03:50 on May 20, 2018, the Defendant assaulted the victim E (32) who was a policeman at the police box in the Ulsan-gun, Ulsan-gun, a Ulsan-gun, that was called “a person who frighting to drink alcohol” before the Ulsan-gun C, that was called the victim E (32) who was a policeman at the police box at the scene after receiving a report 112, and was called the victim E (32) who was called the police box at the scene, that was called the victim, who was called the victim E (32) at his/her own seat, that was pushed back one time at his/her right part, and that the face part of the above E was blue.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the victim, and at the same time, inflicted an injury on the victim, such as salt, tension, etc. in need of medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties as indicated in the judgment and the crime of injuring an injury, and the punishment imposed on the crime of causing serious injury shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the community service order, and the order to attend the scene under the influence of alcohol, and the Defendant’s act of assault by a police officer who was dispatched to the site after receiving 112 reports, such as being urged to return home from the police officer, keeping the chest part of the police officer’s chest, and blubing the face part of the police officer with blub with blus, thereby obstructing the police officer’s legitimate performance of duties, and causing an injury to the above police officer at the same time. The crime is not good, and the degree of this assault and the degree of interference with the execution of official duties is not weak, and the crime of this case is disadvantageous to the Defendant.

However, the defendant.

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