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(영문) 울산지방법원 2015.01.23 2014고단3519

공무집행방해

Text

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

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

Reasons

Punishment of the crime

피고인은 2014. 11. 4. 22:10경 양산시 B에 있는 ‘C식당’ 앞 노상에서 술을 마신 상태로 행패소란을 부린다는 112신고를 받고 출동한 양산경찰서 D파출소 소속 경위 E과 경사 F이 소란을 피우지 말고 귀가할 것을 종용하자, 위 E과 F에게 "야이 짭새 새끼야, 니가 뭔데 지랄이야,이 개새끼야 돈없 다“라고 하며 손바닥으로 위 F의 오른쪽 뺨과 귀 부분을 1회씩 세게 때리고 계속해서 같이 있던 위 E의 근무복 왼쪽 계급장 부위를 손으로 잡아당겨 찢어 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Scope of Recommendation] Where the scope of mitigation area (a person who has been subject to special mitigation) [a] assault, intimidation, and deceptive scheme is minor (a person subject to special mitigation] [a decision of sentence] the crime quality is bad, but the defendant is in contravention of the legitimate performance of official duties of police officers dispatched by the defendant upon receiving a report; the defendant does not have the same criminal records; the defendant does not have the same criminal records; the defendant does not want to be punished against the defendant; the police officers do not want to be punished against the defendant; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and other conditions of sentencing including the defendant's age, character and behavior; the motive and consequence of the crime; and the circumstances after the crime, etc. shall be determined by the order as ordered.