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(영문) 울산지방법원 2016.12.22 2015고단3028

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On July 23, 2015, the Defendant: (a) under the influence of assault and assaulted the victim C (36 years old), who was an employee of security company, was under the control of the victim C (36 years old), the victim D (30 years old), and the victim E (30 years old), who was under the influence of alcohol and had weak intent to discern things; (b) committed assault against the victim E, who was under the influence of alcohol at a small park located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., U.S., where the Ulsan-gun Office was established at that place, and was able to visit the victim’s chest and the part of the body.

2. 공무집행방해 피고인은 술에 취하여 의사를 결정하거나 사물을 변별할 의사가 미약한 상태에서, 제1항 기재 일시ㆍ장소에서 112신고를 받고 출동한 울주경찰서 F파출소 소속 경사 G로부터 제지당하면서 순찰차에 탑승하게 되자 이에 반항하면서 발로 위 순찰차의 뒷문을 수회 걷어찼다.

At around 21:15 on the same day, the Defendant was involved in the F police box located in Ulsan-gun H, Ulsan-gun, with suspicion of obstruction of performance of official duties, and asked his personal information. The Defendant walked toward the left side of the G with a view to walking, and collected a mobile phone toward the slope I prepared a letter of arrest of the Defendant in the act of committing an act of committing an offense against the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, J and E;

1. A report on investigation;

1. Application of each statute on photographs;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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