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(영문) 울산지방법원 2017.11.10 2017고단3541
공무집행방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 4,000,000.

The above fines are imposed by the Defendants.

Reasons

Criminal facts

1. On August 4, 2017, the Defendant: (a) while boarding and moving the DV driver car owned by the said DV driver, which is operated by the NA in front of the agricultural cooperative located in Ulsan-gu, Ulsan-gu, Seoul-do, 285, on the roads of 285, the Defendant: (b) was under the control of F, who violated the signal of the said C; (c) was under the control of F, a police officer belonging to the Ulsan Southern-gu, Police Station E District; and (d) went from the said car; and (c) was under the control of F, the Defendant was under the law of the Republic of Korea; (b) was under the law of the Republic of Korea.

Corchch fluor,

C. In compliance with the law, it was assaulted by the following: “A person who lives in the Republic of Korea,” taking the F’s hand, towing the F’s hand on his hand, and pushing the F’s hand on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of traffic signal violations.

2. Defendant B tried to arrest a flagrant offender under suspicion of interference with the performance of official duties from the police officer G, etc., who was dispatched to the scene for the same reasons as the date, time, place, and paragraph (1) of this Article, and assaulted Defendant B by taking the arms of the above G during the process of not arresting A, thereby preventing the arrest of A from being arrested.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the laws and regulations on police statements made to C, F, and G;

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

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

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

1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, Defendant A committed a crime obstructing the performance of official duties against two police officers, taking into account the following: (a) the facts and circumstances leading up to the crime; (b) the first offender; and (c) Defendant B interfere with the arrest of a flagrant offender, thereby hindering the degree of interference with the performance of official duties; and (d) the records of four times of fines different from that of the four times of fine, and reflectivity.

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