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(영문) 울산지방법원 2016.04.15 2016고단144

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 20, 2015, the Defendant damaged the said taxi in order to cover the repair cost of KRW 859,560,000, such as the number of the vehicles going on the front of the cafeteria restaurant, and the number of the vehicles in front of the cafeteria restaurant operated by the victim D (57 aged). However, the victim cannot go through the west because of the cab in Busan, while the son was the cab in Busan. However, the son was unable to go to the west.

2. 공무집행 방해 및 모욕 피고인은 2015. 12. 20. 02:20 경 위와 같은 장소에서 112 신고를 받고 출동한 양산 경찰서 F 파출소 소속 순경 G, 순경 H, 경위 I이 피고 인의 인적 사항을 확인하려고 하자 화가 나, 택시기사인 D 등이 듣고 있는 가운데 위 경찰관 G에게 “ 야 개새끼야, 십쌔끼야, 죽어 볼래

“Intimidating she is threatening to threaten her, and she threatens her drinking, as it is being boomed by smuggling, and Ha also considers she as she threatens her drinking;

C Ma Maz. Maz. Maz. Maz.

“Intimidating”.

Accordingly, the Defendant interfered with the legitimate performance of official duties by public officials related to the handling of 112 reported cases, and publicly insulting the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to photographs and estimates of damage;

1. Relevant legal provisions concerning facts constituting an offense and Articles 136 (1), 311, 366 of the Criminal Act that have agreed with the victim of a case involving damage to property, intimidation is relatively minor in the case of a crime obstructing the performance of official duties, the defendant is in profoundly against his mistake, and the defendant has no record of other crimes except that sentenced to a fine twice due to violence and damage to property, etc.

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;