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(영문) 울산지방법원 2015.05.21 2015고단172

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 00:10 on October 20, 2014, is punished by “D” in Ulsan-gu, Ulsan-gu, Seoul-gu, for the drinking value after drinking alcoholic beverages together with male-child E, F and Si expenses, a business owner, depending on the drinking value after drinking alcoholic beverages.

When the above E was arrested in the act of committing an act of violence, etc. against F by the slope H belonging to the Ulsan Central Police Station G District G District in the Ulsan Central Police Station after receiving a report, it was used in such a way that he gets off the back of the patrol vehicle, "I am off, I am off," and assaulted by the method of cutting down the arms of the slope H with his hand for about five minutes, and cutting off the room knife with H having been suffering.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to H and F

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 sentencing of Article 334(1) of the Criminal Procedure Act is not appropriate by assaulting a police officer in the process of performing official duties for the reason of sentencing.

However, the above punishment shall be determined by taking into account the circumstances favorable to the defendant, such as the confession and reflectiveness of the defendant, the fact that the victim police officer seeks a preference against the defendant due to the agreement with the victim police officer, the degree of violence is not severe, the fact that there is no record of punishment in the Republic of Korea, and other various sentencing conditions specified in the records and arguments, such as the age, character and behavior, environment, and circumstances after the crime.