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(영문) 울산지방법원 2016.05.13 2016고단655
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence 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 March 12, 2016, from around 00:20 to around 02:20 of the same day, the Defendant damaged the wall by gathering beer disease without any reason, and displaying beer disease on the wall of approximately 20 meters in diameter on the wall.

2. On March 12, 2016, the Defendant interfered with the performance of official duties: (a) received 112 reports from “D (D)” around March 12, 2016; and (b) received inquiries from the police officer F and policeman affiliated with the police officer of the G police box of the G police station, who was called to the main place to ask questions about the process of the entrance of the wall from the police officer in charge of the police officer, who was called to the main place, to ask him/her about the process of the entrance and exit of the wall; (b) as the Defendant collected the beer’s disease on the 3rd table, 3 to 4 times as he/she is going to go to the F and G face; and (c) he/she suffers from the 3 to her f.h., f., f., f., f., so that he/she would go to the front.

Chewing gushes, flags, .... ....) sound while taking a bath.

The Defendant, who took a beer’s disease to F and G, was faced with a beer’s disease, was tightly pushed the body of G with a shoulder and continuously pushed the F’s body with a shoulder and a ship, and assaulted G and F.

As a result, the Defendant interfered with the police officers' legitimate performance of their duties concerning the dispatch of reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, F, and G;

1. B written statements;

1. Application of statutes on field photographs;

1. Damage to property under relevant provisions of the Criminal Act concerning facts constituting an offense: Interference with the performance of official duties under Article 366 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment specified for a crime committed against any person who interferes with the performance of official duties and any crime committed against any other person who is heavier than the punishment for any other person);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment stipulated in a crime of obstructing the performance of official duties against heavier G);

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Special cases concerning the promotion, etc. of litigation by which an application for compensation is dismissed;

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