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(영문) 울산지방법원 2015.01.16 2014고단3151

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On September 13, 2014, at around 04:45, the Defendant: (a) went to a taxi in front of the Defendant’s house located in Ulsan-gu, Ulsan-gu, and arrived at a destination; (b) but the Defendant was demanded by a taxi engineer to leave the taxi at his destination; and (c) the Defendant was required to leave the taxi by a slope D belonging to the Ulsan Central Police Station C District of the Ulsan Central Police Station, which was called by the taxi engineer upon the report of the taxi engineer; and (d) the Defendant was able to get off the taxi by using the handbag used by the taxi; and (d) the Defendant obstructed the Defendant’s legitimate execution of duties concerning the handling of

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that it interferes with a police officer’s legitimate performance of official duties who was dispatched after receiving a report by the defendant, and such offense is an unfavorable sentencing element against the defendant.

It is the factor of sentencing favorable to the defendant that the defendant has committed a crime, that is the primary offender, and that the degree of violence has not been much serious.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the conditions of punishment, such as the circumstances after the crime, shall be considered, and the punishment shall be determined as ordered.