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(영문) 울산지방법원 2016.01.28 2015고정1208

공무집행방해등

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

Punishment of the crime

1. From March 14, 2015 to March 23:43, 2015, the Defendant: (a) was under the influence of alcohol in order for D’s birth in Ulsan Jung-gu C to 00:03 following day; (b) the Defendant was under the influence of alcohol in order to take advantage of the victim E’s F taxi and arrive at the above place; and (c) the Defendant was under the influence of alcohol to pay the taxi fee from the injured party; and (d) whether the Defendant would not grant the interest to the Plaintiff

The victim was prevented from driving a taxi, such as cutting the driver's seat belt, spawning the driver's seat belt in his/her hand.

Accordingly, the Defendant interfered with the victim's taxi business by force.

2. The Defendant, at the above date, at the above time and place, was informed of the arrest of a flagrant offender for the same reason as that set forth in paragraph 1, by H in the circumstances where G District was affiliated with the G District, and was dispatched, whether “only the talk of a taxi engineer and disregards the speech.”

B. The taxi driver and the end of the taxi driver were assaulted by the following: “I will go up to the end of the taxi, I see the side of H once, and I see the bridge of H on one occasion due to the launching.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witnesses E and H to the Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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;