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(영문) 울산지방법원 2017.04.26 2017고단210
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 15, 2016, the Defendant damaged the victim’s market price owned by the victim, 430,000 won, i.e., the victim’s market price on which the victim was worn, after hearing the horses that the victim did not have any tobacco from the victim, even though he/she attempted to borrow tobacco from the victim D (50:30,00) on the front of the C cafeteria located in Ulsan-gu B, Ulsan Metropolitan City.

2. Around 12:35 on December 15, 2016, the Defendant: (a) was arrested from the slope F of the police box belonging to the Ulsan East Eastern Police Station, which was called up after receiving a report of paragraph (1) and 112 on the same day at a place prescribed in paragraph (1) of this Article; and (b) took custody of the Defendant to the above E police box in custody; (c) around that time, the Defendant saw the face of the said F by drinking at the above E police box “I am feasia” while taking the influence of alcohol at the above E box, and obstructed the Defendant’s performance of duties in relation to the arrest of a flagrant offender at one time by selling the above F’s left-hand knee knee knee felf. with the Defendant’s contamination.

3. The Defendant damaged public goods, at the time, at the place, as stipulated in paragraph (2) and at the place, damaged the cryptization team, which is an object used by the above E police box, a public official volunteer, for the repair cost to cover KRW 50,000,00,000, such as cutting off the crypt team in the above E police box at a strong amount of more than four times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in F and D;

1. A damaged antiscope photograph, photographic photo, and receipt;

1. Investigation report (ctv video verification), ctv video photographs;

1. Application of the written estimate for damage under the statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, 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, respectively;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One crime (Interference with the execution of official duties) in the sentencing criteria.

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