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(영문) 울산지방법원 2014.09.18 2014고단2088

공무집행방해

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 June 6, 2014, around 23:30 of the defendant's residence in Ulsandong-gu B apartment, 103 Dong 1107, the defendant asked the above D to the effect that "she has received 112 reports" from the slope D belonging to the Ulsan East-gu Police Station C police station, Ulsan-gu, and called "a person who has received 112 reports" after receiving 112 reports. However, the defendant heard the above D that "it shall not be known" from the above D, and the above D "no person shall be informed of the reporter," and the defendant took two tights of the chests of the above D with two tights, and the defendant took one time as he has the face of the above D.

Accordingly, the Defendant interfered with the handling of 112 reported cases, which is a legitimate performance of police officers' official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes governing the service place of a police box;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The criminal liability of the defendant cannot be deemed to be light, such as assaulting a police officer dispatched after receiving a report on the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order;

However, the punishment as ordered is determined by considering the defendant's age, occupation, family environment, character and conduct, circumstances after the crime, etc., including the fact that the defendant is a first offender with no criminal history, the degree of assault is not much serious and does not lead to a serious result, his or her mistake is in depth against himself or herself, there is a family member to support his or her misconduct, etc.