beta
(영문) 울산지방법원 2015.11.23 2015고단2458

공무집행방해

Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is a company member, Defendant B is a restaurant operator.

On September 12, 2015, the Defendants: (a) around 22:15, on the street in Ulsan-gu, Ulsan-gu; (b) the circumstances surrounding the D District Police Station in Ulsan-gu; and (c) Defendant A, in order for the Defendants to arrest the Defendant’s first-hand F, a flagrant offender to refuse a drinking measurement; and (d) to arrest the Defendant’s first-hand F, a flagrant offender, to board the patrol vehicle; and (b) Defendant B, in turn, took the E’s arms taken by the F and A’s mobile phone camera to get off the cell phone.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties by police officers concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. As to the Defendants: Selection of a fine (the Defendant A has no criminal power, and Defendant B has no power to impose any criminal punishment except for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 1996; the confession of the crime and the misunderstanding appear to be divided; consideration is given to the Defendants’ family members and branch members, including the fact that they want to leave the Defendants’ preference.)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act