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(영문) 울산지방법원 2018.05.30 2018고단952
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

On February 8, 2018, the Defendant was asked of questions concerning the circumstances of the instant case from the police officer F, a police officer belonging to the Ulsan East Police Station E division of the Ulsan-dong Police Station, who was called out after receiving a report from the Defendant, at the “D” restaurant located in the Ulsan East East Eastdong Department C on February 8, 2018, or at the time of drinking with other customers.

“In the course of taking a bath, the police officer assaulted the F police officer’s f to walk the said police officer’s beam, etc., and obstructed the legitimate execution of his duties concerning the handling of the said 112 Report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines for the crime (see, e.g., circumstances favorable to the following reasons for sentencing);

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

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The sentencing criteria are not applied since the court selects the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order.

In light of the favorable circumstances: (a) the amount of fine shall be determined by taking into account the following circumstances, such as exercising violence against a police officer who is performing legitimate official duties, and taking into account various sentencing factors, such as the defendant’s age, sexual conduct, environment, and motive for committing the crime; (b) the execution of punishment shall be suspended for a limited period of time in consideration of the above favorable circumstances; and (c) community service shall be ordered, taking into account the defendant’s economic power.

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