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(영문) 울산지방법원 2019.05.24 2019고단62

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 02:30 on September 24, 2018, the Defendant: (a) received 112 reports at the entrance of Ulsan-gu building B, and “C singing practice room” located in the second floor; and (b) sought to check that there was no damage to the police officer E and the Inspector F, who belongs to the Ulsan-gu Police Station D Boxes, sent to the site, and sent to the site, and check the site. The Defendant entered the site by saying “I would have been fright and have been fright, and you have come to this dog,” and re-entered with the singing and body of the said E, and the said E reached the bar bar at one time at the port of the Plaintiff’s own hand.

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

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. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of Article 334(1) is as follows: (a) the nature of the crime is not good in light of the applicable method and form of the crime; (b) the degree of interference with this case’s assault and official duties is not weak; and (c) the responsibility for the crime was not easy until now because the damaged police officer was unable to take advantage of it; (d) despite the fact that the crime of this case was committed in the same kind of violent crime, there was no possibility of criticism; (b) the defendant committed the crime of this case; (c) appears to have committed the crime against him; (d) the fact that the defendant was admitted to and against him; (e) the fact that the crime was committed in the state of detention; (e) the fact that there was no criminal record exceeding the fine; and (e

Other records and arguments, such as the age, character and conduct, environment, economic situation, motive and background of the crime, and circumstances after the crime.