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(영문) 울산지방법원 2019.08.30 2019고단1442

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On March 3, 2019, at around 09:35, the Defendant 112 reported on the front door of the Ulsannam Police Station of the Ulsannam Police Station located at 35, Ulsan-gu, Ulsan-gu, Busan-do, 25-ro, Ulsan-gu, 35, and 112, “I am locked,” and recommended the Defendant to have a fright and her home home home, the Defendant her son C (30 years of age) called the Defendant at the Ulsannam Police Station B Zone B (30 years of age) of the Ulsannam Police Station B, Ulsan-gu, Seoul-do, and tried to catch the above C’s face by drinking and hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case and the return home of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 5, 10)

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

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 is the following: (a) the nature of the crime is not good in light of the method and form of the crime; (b) the course and circumstances at the time of the crime; (c) the extent of interference with this case’s assault and official duties is not weak; and (d) the fact that the crime was not taken by the victimized police officer up until now, was unfavorable to the defendant; (d) the defendant did not recognize and reflect the crime; (e) the defendant appears to have caused the crime to be committed in a contingent manner at the time; and (e) there seems to have been no previous criminal record, and there is no previous criminal record exceeding the fine.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the conditions shown in the oral proceedings shall be determined as ordered in consideration of the whole circumstances.