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(영문) 울산지방법원 2015.01.23 2014고단3538

공무집행방해

Text

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

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

Reasons

Punishment of the crime

At around 20:10 on November 8, 2014, the Defendant, within 102 Dong-dong 501, E Apartment, the Defendant, who was the Defendant’s residence in Yangsan-si, was in the Defendant’s residence in Yangsan-si, in relation to the occurrence of traffic accidents due to drinking driving, and under the consent of the above D, the Defendant: (a) obstructed the photographing of the police box belonging to the Yangsan-si Police Station, which visited the said residence under the consent of the above D; and (b) assaulted the said G by her hand, such as “When the spackers write their pictures on the spacks on the spacks, grow up,” and “A”, who took a bath to the said G.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H and G;

1. A copy of the service log of the F police box; and

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [Scope of Recommendation] Where the scope of mitigation area (a person who has been specially mitigated) [a] the area of obstruction of performance of official duties, intimidation, and deceptive scheme is minor (a person who has been subject to a decision of sentence] [a person who has been subject to a report] the nature of the crime is bad, or the defendant is against the defendant's legitimate performance of official duties by the police officer dispatched upon receiving the report, and thus, the crime is committed, the first offender is committed, the degree of violence is not serious, the victim police officer does not want punishment against the defendant, the defendant does not want to be punished, and other conditions of sentencing such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence is determined as per the order.