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(영문) 울산지방법원 2015.11.05 2015고단1986
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

At around 02:50 on July 29, 2015, the Defendant found D Public Security Center of Ulsan-gu Police Station in Ulsan-gu, Ulsan-gu, U.S., that “A punishment for juveniles drinking in a park” under the influence of alcohol. However, from E working in the above D Public Security Center, the Defendant sent the horses “I am am am am am am am am am am am am am am..................” The Defendant am 300,000 won due to obstruction of performance of official duties. The Defendant am am am am am......., the Defendant am am am am am......... am am am........ am am..... am. am..... am off the above E in order to put the above E-mail back and am off.

For this reason, the defendant interfered with the legitimate execution of duties of police officers on the duty of the Public Security Center for about 25 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes governing crimes by Defendant

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. There are many criminal records such as violence of reason and obstruction of business in sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the public security center is not good to commit the crime such as displaying the fishing market platform and avoiding disturbance.

However, the punishment as ordered shall be determined by taking into account the following facts: there is no previous conviction against the mistake and exceeding the fine; there is no personality and behavior disorder caused by brain function or higher; there was a treatment being conducted after the diagnosis of disorder; the degree of intimidation was not severe; the fact that a certain amount of money was deposited for the damaged landscape; and other age, family environment, personality and behavior, etc. of the defendant.

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