beta
(영문) 울산지방법원 2018.06.19 2018고단1383

공무집행방해

Text

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

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

Reasons

Criminal facts

Around 01:55 on December 30, 2017, the Defendant: (a) at a subdivision-type parking lot located in Yangsan City B, “in the state of drinking drinking, it is extremely high for customers to go home without calculating it”; (b) the Defendant received a report 112 from the slope E and police box affiliated with the police box called D, who did not comply with the request for returning home from the Defendant; (c) in the process, the Defendant was unable to go home to the extent that he was unable to get off his body under the influence of alcohol; and (d) the Defendant was able to take one head on the wall, and E, etc. was in danger of self-harm by the Defendant.

판단하여 피고인에게 수갑을 채우고 피고인의 아들에게 전화하여 피고인을 귀가토록 할 것을 요청하자, 위 조치에 화가 나 ‘야 이 씨 발 놈 아, 개새끼들 아 ’라고 욕설을 하며 F의 멱살을 손으로 잡아끌며 허벅지를 발로 걷어차고, E의 오른쪽 허벅지 부위를 발로 수회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the protection of the main police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each inspection statement in relation to G, F, and E;

1. Photographs;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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

1. Selection of a selective fine for punishment (it is reasonable to strictly punish a defendant in light of the risk, etc. of the defendant at the time, but taking into account reflectivity, a somewhat contingent crime, and a fact that has no record of

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;