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(영문) 울산지방법원 2016.07.14 2016고단963

공무집행방해등

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

1. On January 28, 2016, the Defendant was demanded that the victim C, operated by the victim C in Ulsan-gu, Ulsan-gu, Seoul-do, demand that the victim “if the business has been completed,” “if the business has been completed.”

However, the defendant did not comply with it and did not comply with the request to leave the victim without justifiable reasons until he is arrested by the police officer dispatched by the report of the victim on the same day at around 02:25.

2. On January 28, 2016, the Defendant, at around 02:25, did not say that he was a police officer of the Ulsan Central Police Station E police station, who was dispatched after receiving a report from the said C at the place indicated in the preceding paragraph, and called “mariing home” from F.

After that, the defendant tried to take photographs in order to collect evidence against the suspicion of refusing to leave, and assault the F on the left side of the F on one occasion by walking the door.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and C;

1. Article 319 (2) and (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense (the fact of refusing to withdraw) and Article 136 (1) of the Criminal Act (the fact of obstructing the performance of official duties);

1. Selection of each fine (the consideration given to favorable circumstances, such as the confession, the primary offender, and the fact that any contingent crime is deemed to have been committed under the influence of alcohol);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;