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(영문) 울산지방법원 2020.12.04 2020고단3667
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 6, 2020, the defendant, at around 17:10, 17:10, 'C' in Yangsan-si B, had drunkd and had the disturbance, such as drinking expenses to other customers, and had been dispatched to the above restaurant business, after receiving the report of 112 from the police officer E (the age of 38) belonging to the Yangsan Police Station D (the age of 38) who was called for the above restaurant business, she flicked home, and she flicked E by hand, and she flicked E.e.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The circumstances that are disadvantageous: the nature of the crime in light of the background and motive of the crime in question, the contents and methods of the crime in question, and the possibility of criticism is significant; the obstruction of performance of official duties is a crime that obstructs police officers' legitimate performance of their duties and the necessity of strict punishment exists; the defendant is aware of the crime in question; the degree of exercise of force in this case does not seem significant; the crime does not cause any harm to the life or body of the police officers who suffered damage; the defendant did not have any force to impose a fine exceeding a suspended sentence due to the crime in violation of the Road Traffic Act in 2000; and there was no record of punishment for the same kind of crime; the defendant's health and economic condition.

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