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(영문) 울산지방법원 2017.05.18 2017고단754
공무집행방해
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On February 21, 2017, at around 00:45, the Defendants were arrested as flagrant offenders due to assault, etc. by the police officers G belonging to the Ulsan F Police Station, who were called out after receiving the report 112.

이에 피고인 A은 위 경찰관에게 “ 개 새끼야! 뭘 잘못 했노! ”라고 욕설을 하면서 손으로 그의 가슴 부위를 강하게 밀치고 오른손 손가락을 꺾었다.

Defendant

B took part in this, he was pushed down the chest part of the police officer at his hand.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Application of Acts and subordinate statutes on police statements made to I and G;

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. The option of the punishment against Defendant A, who is sentenced to imprisonment, and the fine against Defendant B

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Comprehensively taking account of various sentencing factors favorable or unfavorable to the Defendants as shown in the records and arguments, such as the gravity of infringement of legal interests or the degree of assault and violence, the degree of the Defendants’ participation, each criminal record and degree of reflectivity, etc., of the community service order (defendant A) Article 62-2 of the Criminal Act - Defendant A shall be sentenced to punishment as shown in the text of the sentencing guidelines for Defendant A within the scope of sentencing guidelines.

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