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(영문) 울산지방법원 2016.01.28 2015고단2969

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 22, 2015, at around 01:41, the Defendant assaulted “C main points” on the front side of the “C main points” located in Ulsan-gu B, Ulsan-gu, Seoul-gu, on the floor, such as putting a fluor on the road, putting a fluor on the street, cutting off the fluor, and 112, who was dispatched after receiving a report from the slope victim E belonging to the D District E, with the fluor of the E, having the fluor’s chest pushed, and driving the fluor, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In order to protect the legitimate function of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act, and to establish a sound social order, a severe punishment is required for obstructing the performance of official duties. However, the punishment is determined as ordered by taking account of various sentencing conditions indicated in the record, such as the defendant's favorable circumstances, including the fact that the defendant is against his/her nature, the degree of assault is not heavy, the victim was sought and the victim seems to have been received, and there is no record of criminal punishment, and the defendant's age, sexual behavior, environment, motive and background of the crime, means and consequence, etc.

Rejection of Public Prosecution

1. On October 22, 2015, the Defendant: (a) was under the influence of alcohol in front of “C main points” located in Ulsan-gu, Ulsan-gu; (b) was urged by the slope victim E belonging to the D District Station, who was dispatched after having received a report of 112, to return home from the said victim; and (c) was heard by a majority of the players, the Defendant was under the influence of the said victim, and the Defendant was under the influence of the said victim, the Defendant: (a) was: (a) was able to easily throw down the Chewing waste cover, sprinks; (b) was sprinked; and (c) was frank farp, farp, farp.

The victim publicly insultingd the victim by “......”

2. Determination

(a) the applicable legal provisions;