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(영문) 울산지방법원 2017.04.20 2017고단985

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 21, 2017, the Defendant was arrested as a current criminal of the assault case against E, located in a restaurant located in the Northern village B of Ulsan-do on March 21, 2017, from the slope D belonging to the Ulsan-gu Police Station C police box in Ulsan-gu, Seoul-do, to the seat of the Defendant, and the Defendant “Wookkk, to the effect that there remains the same flab headk.”

In the view of "I am off and down off," the police officer assaulted him in a way that I am the shoulder part of the police officer at his body two times in a way that I am the boom of the police officer in a way that I am the boom of the police officer in favor of him.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 70(1) and 69(2) of the Criminal Act (amended by Act No. 7065, Jan. 1, 2008) of the Act on the Punishment, etc. of Labor Relations and the Punishment, etc. of Specific Crimes, taking into account the following circumstances: (a) there is no record of being punished for the same kind of crime; and (b) other circumstances, such as the background of the crime committed in the records and pleadings, degree of violence, and degree of reflectivity, etc.; (c) the Defendant is obliged to separately pay attention to preventing recidivism. [Judgment on the Defendant’s assertion] The Defendant asserts to the effect that he was in a state of mental or physical weakness at the time of