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(영문) 울산지방법원 2018.03.29 2018고단18
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 30, 2017, the Defendant who interfered with the performance of official duties was able to return home from “D” in front of “D” located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and the Defendant was reported to the effect that the Defendant is under the influence of alcohol, and was dispatched from “F (44 years old)”, etc. under the control of the police box belonging to the Ulsan-gun Police Station E box, the Defendant would want to kill the said F.

F's parts of F's bucks are walked on several occasions due to its origin, and F's left side of F's drinking is cut on one occasion.

Accordingly, the defendant assaulted F and interfered with the police officer's legitimate execution of duties concerning the handling of report 112.

2. On December 30, 2017, the Defendant: (a) at the office of “Seoul District Police Station Criminal 3 Team of the Ulsan District Police Station” located in U.S., U.S., U.S., U.S., U.S., U.S. 23:40, the Defendant: (b) was waiting to be arrested and investigated in the act of committing an act of committing an offense for the same reason as that prescribed in the preceding paragraph; (c) was opened in his/her hands a cover of the local flag cover on his/her book; and (d) was laid down on the floor; and (d) was destroyed to the extent that the repair cost was approximately KRW 33,00.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Each report on investigation;

1. Photographs of damaged public goods;

1. Application of the written estimate statutes;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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. The punishment as ordered shall be determined in consideration of all the conditions of sentencing, including the confessions and reflects as a result of contingent crimes in sentencing under Article 62(1) of the Criminal Act, the fact that there has been no previous convictions for at least 20 years, and the age, health status, home environment, motive and circumstances of the defendant, etc.;

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