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(영문) 울산지방법원 2020.09.24 2019고단5277

공무집행방해등

Text

A defendant shall be punished by imprisonment for a period of eight months and a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 11, 2019, the Defendant: (a) reported at the home of the Defendant of the first floor of multi-household housing located in Ulsan-gu, Ulsan-gu; (b) on September 11, 2019, the police officers affiliated with the Ulsan-dong Police Station C District, who called out after having received a 112 report to the effect that “I would commit suicide,” and called “D arrive at the home of the above Defendant; (c) discovered that there is a fluor attached to the newspaper located in the living room of the said house; and (d) entered the said Defendant’s house to prevent fire, etc., and conducted fire extinguishment and rescue of the Defendant.

The Defendant, by putting the above D with “D. L. L. L. L. at our house,” and, by hand, plucked up and plucked of the above D with the hand, followed up the said D, and blicked the said D, and blicked with the said D, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers, the protection of people's lives, bodies, and property.

2. On October 4, 2019, on October 4, 2019, the Defendant, at the house of the above Defendant, discarded tobacco butts.

In such cases, although the fire of cigarette butts must be disposed of completely in a safe place, the cigarette butts were not sleeped and locked without being kept in the living room.

Around that time due to the above negligence of the defendant, the fire that remains in the beginning of a cigarette butts was moved to a newspaper, etc. adjacent thereto, and the fire was spread to the door of the ward, etc.

Accordingly, the defendant, by negligence, destroyed a house owned by the victim E (the age of 65) so that the city repair cost can be avoided.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, F, and E;

1. On-site photographs and field identification photographs;

1. Application of Acts and subordinate statutes to report internal investigation (as to the situation at the time of arrival of the site);

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and the Criminal Act concerning the crime.