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(영문) 울산지방법원 2014.06.17 2014고단940

공무집행방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 01:50 on March 16, 2014, the Defendant: (a) at the “C” entertainment drinking house located in Yangsan City B, and (b) during the dispute over the instant main shop and the drinking value, the police box belonging to the Yangsan Police Station DNA, sent to the scene after receiving a criminal report by the Defendant, used the alcohol value to the Defendant; and (c) when the police box called out to the scene for returning home, the Defendant assaulted the Defendant at one time at his/her left face of the control of the above Article by taking a bath for him/her.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Application of each police statement statute to E and F;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, assaulted a police officer in the process of performing official duties at one time, who takes a bath without any particular reason, on the face of the suspect at one time, and the nature of the crime

However, in consideration of the fact that the defendant's mistake is divided, and there is no record of punishment exceeding the fine due to the same kind of crime, and other various sentencing conditions, such as character and conduct of the defendant, the sentence shall be imposed as ordered.