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(영문) 울산지방법원 2016.07.07 2016고단1349

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 May 6, 2016, at the defendant's house located in Ulsan-gu B around 02:30 on May 6, 2016, the defendant: (a) the police officer of the Ulsan-gu Police Station C District Police Station, who was called out after receiving the report of the case 112 of domestic violence, prevented the defendant from avoiding disturbance; (b) the defendant took a bath against D; and (c) d's chest was pushed by hand at one time.

As such, the Defendant assaulted D, a police officer, and obstructed D’s legitimate execution of duties concerning D’s 112 dispatch duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136(1) of the Criminal Act, Article 136(1) of the same Act, the selection of fines for criminal facts (the fact that a person commits any contingent crime by drinking while interested in marital fighting and the degree of disturbance of intimidation is minor;

Although the exercise of force can not be seen, it is only limited to the degree that the chest was pushed, it is against the crime, and the injured police officer was punished by the crime, and it is considered that there was no same force as well as the previous conviction of the fine due to the damage of property in 2008).

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;