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(영문) 울산지방법원 2016.08.11 2016고단629

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On December 16, 2015, the Defendant assaulted the victim B (43 tax) at the front side of the "Yulsan Saemaul Undong-ro No. 155, Ulsan-gu, Ulsan-ro, Ulsan-do, 155, that the victim was fluencing the Defendant, that the victim was fluencing, that the victim was flucing the Defendant, that the victim was flucing at once due to the head, that the victim’s chest was taken one time, and that the victim’s face was flucated one time due to drinking. After receiving the victim’s report from the police officer, the Defendant assaulted the victim’s chest part of the victim’s chest in drinking in the situation of being dispatched.

2. On December 17, 2015, the Defendant: (a) was arrested from the 1st floor of Ulsannam-gu, Ulsan-do, Busan-ro, 35, to the current offender for the same reasons as the preceding paragraph, and was released, the Defendant obstructed the performance of official duties, at around 01:35, the first floor of the police station located in Ulsan-gu, Ulsan-do, Seoul-ro, the first place of the police station located in Ulsan-do, where he was in the duty service, detained the complaint about the arrest of the current offender; (b) the police station affiliated with the above police station where he was in the duty service, and was taking a bath for C while taking a bath for C; and (c) took the face of C with his head twice; and (c) was snicked with C’s bridge by hand.

The Defendant assaulted C, thereby obstructing the police officer’s legitimate performance of duties concerning police station duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against B, D, and C;

1. Photographss of the parts of the body of the victim and the parts of the body of the victim;

1. Application of Acts and subordinate statutes to an investigation report (on-site images);

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Selection of each fine (to select a fine in consideration of favorable circumstances, such as the fact that the degree of interference with violence and the performance of official duties is not minor, but the defendant is led to confession, the defendant has no criminal records of suspension of execution or more, and the defendant has no record of committing any crime for the last ten years);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;