logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.04.29 2015고단686
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2015, around 01:27, the obstruction of performance of official duties and the Defendant injured the Defendant, on March 25, 2015, around 01:27, at around 111, D apartment houses in which the Defendant living in Ulsan-gu C, Ulsan-gu, had used a taxi, and did not pay fees to the taxi engineer under the influence of alcohol. Around March 25, 2015, the Defendant asserted with the taxi engineer, who was requested to accompany the police box to the police box from the victim F (30 years of age) who is a police officer of the Ulsan-nam Police Station Ea Police Station, dispatched after receiving a report. The Defendant took a bath for the taxi engineer to go to the police box, and attempted the victim to stop from the victim, and assault the victim’s nose at once.

As a result, the defendant interfered with legitimate execution of duties concerning the investigation and maintenance of order of the victim, who is a police officer, and at the same time, the victim was on a face-to-face account in need of medical treatment for about a week.

2. On March 25, 2015, the Defendant, at around 01:42 on the same day, threatened police officers working for about 30 minutes, including: (a) the police box of the Ulsan-nam Police Station in Ulsan-gu, Ulsan-gu, Seoul-gu, with the same day; (b) the Defendant was arrested and detained as a flagrant offender for the same act as referred to in the foregoing 1. Paragraph (1); and (c) the police officer and his/her family members, who were arrested and detained as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement made to F and H;

1. Each statement of I, H and J;

1. Application of Acts and subordinate statutes on request for investigation cooperation;

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

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

1. Selection of each sentence of imprisonment;

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 (i.e., confession, the absence of criminal records of obstruction of performance of official duties, the deposit of a certain amount for the victimized police officers, and other consideration such as family relationship of the accused);

arrow