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(영문) 울산지방법원 2015.04.30 2015고단342
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

"2015 Highest 342"

1. On January 7, 2015, the obstruction of performance of official duties, the Defendant: (a) around 23:40, at the “Cjuk-gun located in Ulsan-gun, Ulsan-gun; (b) the police officers affiliated with the Ulsan-gun Police Station D police box called the Defendant and his customer upon receipt of a report to the Defendant and his customer; and (c) the police officers called the Defendant’s fighting, “inwards, sees the inside horses, and the low-years,” and her fingers the chest of the above E by hand, she sawed the Defendant’s chest on a hand; and (d) caused the Defendant’s injury to the Defendant E (the age 41) by shouldering the part of the instant shape left side of the treatment days.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the investigation of the case, and at the same time injured the victim.

2. The Defendant damaged the property by putting the victim E on a mobile phone at the time and place set forth in paragraph 1, putting the cell phone owned by the victim into a cell phone and destroying the liquid situation by cutting the cell phone owned by the victim into the cell phone.

around 22:20 on December 18, 2014, the Defendant sold the total amount of KRW 14,000,000, which is a juvenile harmful drug, to F, a juvenile, who was found to be a customer at the pertinent establishment, at around 22:20 on December 18, 2014.

Summary of Evidence

"2015 Highest 342"

1. Defendant's legal statement;

1. E statements;

1. Investigation report (to be attached to a police officer's death diagnosis report and cell phone quotation), and field photograph "2015 Go-dan560";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on report of internal investigation (investigation into the details of overlapped investigation);

1. Article 136(1) of the relevant Act on the Punishment of Criminal Crimes (the point of obstructing performance of official duties), Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 59 Subparag. 6 of the Juvenile Protection Act, and Article 28(1) of the same Act (the point of selling alcoholic beverages, which are drugs harmful to juveniles)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each penalty of imprisonment;

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