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(영문) 울산지방법원 2019.02.22 2018고단3269

공무집행방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 21:10 on November 9, 2018, the Defendant was under the influence of alcohol in front of Ulsan-gu C convenience points, Ulsan-gu, and was under the influence of alcohol on the road. However, upon receipt of a 112 report, the Defendant was sent to the site, and the Defendant was able to control the bicycle by drinking from two police officers, such as Ulsan-gu Police Station D District Unit E, which belongs to the Ulsan Central Police Station D, which moved the Defendant to India, and he was able to control the bicycle by drinking from two police officers, such as the Defendant, and the police officers, and the Defendant was able to do so.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the defendant under Article 334(1) of the Provisional Payment Order is committed on the road under the influence of alcohol, and the defendant sent to the site and takes a bath to the police officer who transferred him, and interferes with the legitimate execution of duties by the police officer in his chest and the defendant's chest at his hand, and the nature of the crime is not good, there are two police officers, there are two police officers, and there are several records of punishment for the same kind of violent crime, and the responsibility for the crime of this case is not easy at all times, and the fact that the defendant did not receive from the victim police officers up to now seems to be disadvantageous to the defendant, or that the defendant had the attitude of recognizing and opposing his criminal act from the investigative agency, and the degree of interference with this violence and official duties is not severe.