beta
(영문) 울산지방법원 2019.01.17 2018고단3281

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

1. On October 27, 2018, the Defendant: (a) around 00:49, the Defendant was under the influence of alcohol in front of the alcohol house located in Ulsan-gu C, Ulsan-gu; (b) and (c) was sent to the hospital where the Jeju Southern Police Station D District Unit affiliated with E and first responders F of the Ulsannam Police Station D District Fire Station affiliated with the Ulsannam Police Station; and (d) the Defendant was sent to the hospital where the Jeju Southern Police Agency was located with the rescue and response center for the first-aid vehicle.

그러던 중 피고인은 같은 날 01:15경 구급 차량 안에서 아무런 이유 없이 E에게 주먹을 휘두르고, 발로 E의 허벅지를 2회 걷어찼다.

As a result, the Defendant interfered with legitimate execution of duties concerning the handling of reported cases of E, a police officer, and the protective measures of a host.

2. On October 27, 2018, around 01:47, the Defendant: (a) obstructed the performance of official duties of police officers G, who was arrested and taken custody of a flagrant offender on the same ground as the stated in the foregoing paragraph (1), at the D District Unit of the Ulsannam Police Station D District in Ulsan-gu, Ulsan-gu, Seoul-do; (b) broken down the Defendant’s right flag of G, where he was flaging the Defendant who was flaging and flaging in the foregoing earth.

As a result, the Defendant interfered with the legitimate execution of duties concerning the protective measures for the arrester, the custody of the police officer, etc. of G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. CCTV images and photographs, and first-aid services areas;

1. The Defendant alleged to the effect that the Defendant was in a state of mental or physical disability while drunk at the time. However, in light of all the circumstances indicated in the records, such as the content, circumstances, and the Defendant’s act before and after the instant crime, it does not appear that the Defendant was in a state of lacking the ability to discern things under the influence of alcohol or make decisions.

Therefore, we cannot accept the defendant's above assertion.

Application of Statutes

1. Article 136(1) of the Criminal Act applicable to the crime, the risk of the accused at the time of choosing a fine, etc.;