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(영문) 울산지방법원 2019.02.22 2018고단3280

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 28, 2018, at around 05:40 on October 28, 2018, the Defendant: (a) received a 112 report on drinking alcohol in the “Ccafeteria” located in Ulsan-gu B; and (b) received a 112 report; and (c) heard the horses, “I would like to pay the reporter the time limit, pay the drinking value, and return home,” and “I would like to hear the horses,” which “I would like to have the said police officer’s chest fat, and met the said police officer’s breast fat, and sent it once.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. At the time of the sentencing of Article 334(1) of the Criminal Procedure Act, at the time of the reason for sentencing of Article 334(1) of the Provisional Payment Order, the Defendant was unable to perform official duties by assaulting a police officer who was dispatched to the scene after receiving 112 a report that the Defendant would drink alcohol at a restaurant without paying the drinking value. In light of the method and manner of the crime, the circumstances at the time of the crime, etc., the crime is not good in light of the circumstances at the time of the crime, the crime of this case is committed, even though there was a record of punishment for the same kind of crime in the past, and the liability for the crime is not less easy, and the fact that the victimized police officer did not receive a letter from the injured police officer up to now seems to be disadvantageous to the Defendant, but the degree of interference with the Defendant’s assault or official duties was not excessive, and it seems that it was difficult for the Defendant to use it as a normal situation.

In addition, the character, character, environment and health of the defendant, and the motive and motive of the crime.