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(영문) 울산지방법원 2019.04.30 2018고단622

공무집행방해

Text

Defendant

B shall be punished by a fine of one million won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

Defendant

B On December 20, 2017, at around 00:41, the main point of “D” located in Ulsan-gu, Ulsan-gu, Seoul-do, the dispute between A and Sitting-do, who performed the same alcohol, was separated by the police officers in front of the dispatch, and thereafter, the Inspector F, who was the police officer of the Ulsan-dong Police Station E box called at the site upon request for support, attached A with the Defendant B to continue to perform fighting, and obstructed the said F’s lawful execution of duties concerning the handling of the report in this case.

Summary of Evidence

1. Defendant B’s legal statement

1. Application of the police protocol of statement to F;

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 crime of this case for sentencing of Article 334(1) of the Criminal Procedure Act on the ground that Defendant B received a report of 112 and dispatched to the site on the ground that Defendant B attempted to keep his/her hand at the scene, thereby obstructing the police officer’s legitimate execution of his/her duties concerning the handling of the 112 reported case by assaulting him/her on two occasions on the left hand. In light of the law and form of the crime, the circumstances at the time of the crime, etc., the nature and circumstances of the crime are not good; in order to establish the state’s legal order and eradicate the light of the public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties such as this case; in addition, even though there was the history of punishment for the same kind of violent crime, the punishment for the crime of this case is not somewhat weak, and the possibility of criticism is not small, and the above Defendant’s act of assault or assault against him/her, as well as his/her depth and influence at the time of the crime.