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(영문) 울산지방법원 2017.02.03 2016고단4334

공무집행방해등

Text

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

When the defendant does not pay a fine, 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On November 22, 2016, at around 21:23, the Defendant obstructed the operation of the victim’s main store by force by force, such as, under the influence of alcohol, three beer disease rooms and three beer disease rooms on the floor of the table and the locker beer and kn-si beer, which were on the floor of the table without any justifiable reason. In addition, the Defendant interfered with the operation of the victim’s main store by force, such as, under the influence of alcohol, having other customers leave the main store.

2. The Defendant interfered with the performance of official duties at the same time and at the same site after receiving a report, sent out to the site, and identified the details of the report and the case, and the Defendant took a serious bath for the police officer belonging to the Donannam Police Station G police box at the Yananannam Police Station G (hereinafter referred to as “this dog”) and led H to a large amount of approximately 2 meters, flabing the h’s candles by booming the h’s candle, and blabing the bat.

Accordingly, the Defendant interfered with the legitimate performance of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. E statements;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Relevant Article of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting a crime: Article 314 (2) of the Criminal Act concerning facts constituting a crime: Article 136 (1) (Selection of Penalty) of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes with Punishment concerning Obstruction of Business with heavier Punishment);

1. Comprehensively taking into account the following factors: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act attracting the workhouses: (b) the accused is aware of the mistake of the accused; (c) the accused appears to have committed a crime under a state in which he/she is not properly controlled; (d) the victim of the obstruction of business and the victimized police officers do not want the Defendant’s punishment; (e) the victim of the obstruction of business and the victimized police officers do not have the same criminal record and only two times of fines; (e) the Defendant’s age