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(영문) 울산지방법원 2017.09.21 2017고단2543
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 7, 2017, the Defendant, at around 19:50 on the street B in Ulsan-gu, Ulsan-gu, 2017, she was off the flag, and she was reported by the neighboring citizens, and she was in the neighborhood, she considered that she was on the spot, who was a police officer belonging to the police team of the 1 flag group C Team of the Ulsan-do National Police Agency, and she was at the site, she was her bath to “ging she, she, and shed, shed about the face of the above police officer, and sold the part as her drinking.”

The defendant continued to spit down the above police officers, spit them with drinking quality, flag them, and cut them by hand.

Accordingly, the defendant interfered with the legitimate execution of official duties by assaulting the above police officers.

2. The Defendant damaged property at the time and place mentioned in the preceding paragraph, and at the same time and place, the victim FF, who was parked in the said place while leaving the disturbance, she saw the victim F’s G bargaining car to be sleeped.

Accordingly, the defendant damaged the car fence, which is the property owned by others, to be the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Application of Acts and subordinate statutes to damaged vehicle photographs, tear-ray photographs of the police;

1. Relevant Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act (the point of destroying property) and the choice of imprisonment with prison labor for a crime;

1. Article 40 and Article 50 of the Criminal Act (the point of obstructing the performance of official duties in the judgment) of the ordinary concurrence;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that spits or spits obstruct a police officer’s face by repeatedly obstructing the police officer’s performance of official duties in an insulting manner, thereby hindering the police officer’s will to perform his/her duties, and thereby damaging any relevant vehicle by drinking it.

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