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(영문) 울산지방법원 2015.01.23 2014고단3390

공무집행방해등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 16, 2014, around 01:22, the Defendant: (a) obstructed the performance of official duties of the performance of official duties as a taxi engineer, before the Gyeyang Police Station C police box located in Gyeyang-si B; (b) interfered with the performance of official duties, and (c) obstructed the face of the above E by hand while taking a bath to the said E; and (d) assaulted the cell phone, which was spacing with the riot inside the police box, with a view to threatening the said E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

2. When a insulting suspect was arrested as a flagrant offender for committing the crime described in paragraph (1) at the time, time, and place mentioned in paragraph (1), and was transferred to the Yangsan Police Station C police box, and when the victim E, a slope belonging to the above police box, etc., took this shape of the country, because the country is a public official, since the above sprinks such as Chewing sprinks, etc. are applied to the victim E, who is a slope belonging to the above police box, at the place where the above D et al. listens to.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. A complaint;

1. Photographs of the damaged site;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine for the crime, the choice of a punishment, and the relevant Article of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Scope of Recommendation] Where the mitigated area (a person who has been specially mitigated) [a person] mitigated the area of obstruction of performance of official duties (a period of January to August) (a period of special mitigation] [a decision of sentence] the degree of violence, intimidation, and deceptive scheme (a decision of sentence] interferes with and insult the legitimate performance of official duties of police officers dispatched by the defendant upon receiving a report, and thereby the nature of the crime is bad, the defendant is against himself while committing the crime, and there is no criminal record of the same kind.