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(영문) 울산지방법원 2013.09.05 2013고단2302

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:30 on May 20, 2013, the Defendant: (a) received 112 report from the police officer affiliated with the Ulsan Dong Police Station D Zone D Zone D Zone D, which called out after having been able to take a bath for the said apartment security guard C within the Seocho-gu Incheon Metropolitan Government 1 guard; and (b) assaulted the instant E at one time on the right hand with the defect that he tried to listen to the circumstances against the Defendant; (c) “I see this dog”; and (d) on the right hand hand.

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. Application of each police protocol of statement to C and E;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The act of assaulting the police in person on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an offense leading to the public authority, and the nature of the offense is heavy, and it is not easy that the situation exists due to multiple violent crimes.

However, the defendant is subject to a fine of a reasonable amount in light of the fact that the defendant is an act of one time under the influence of alcohol, the same kind of force does not exist, and the last violent crime has passed for a long time in 1996, and the punishment is determined as ordered.