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(영문) 울산지방법원 2018.07.26 2018고단1517
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On April 11, 2018, at around 05:50, the Defendant returned to a taxi under the influence of the former apartment zone B in Ulsan-gu, Ulsan-gu, Seoul-do, where he was under the influence of alcohol and arrived at the said residence, discovered a driver under the influence of alcohol in the driver’s seat of an external vehicle parked in the said apartment complex, reported the 112 report, suspected of driving under the influence of alcohol, and explained the Defendant, who was a police officer belonging to the Ulsan-gu police station C District of the Ulsan-gu, Seoul-do, where he was called to the site, confirmed that the driver was driving the vehicle to the said place through his agent, and explained the fact, but it was difficult for the Defendant to resist that the Defendant continued to have “dump the alcohol so measured” into the bar and caused the dissatisfaction.

Although the above police officers informed that they could control the disturbance in the apartment complex at the new wall time, they used to avoid the disturbance, “I will not be subject to punishment, I will see it,” and to prevent the above police officers who want to return to the district from opening the front door of the patrol line, and to stop their body into the vehicle, and to stop the body, and to stop the Defendant and close the door, and to stop the body of the above slope D in order to stop the door.

Accordingly, the defendant interfered with the handling of the above slope D's 112 reported case and the legitimate execution of duties on the return to the district.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of the Acts and subordinate statutes to photographs by cinematographic materials and capturing a course;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the family head with no special criminal record of the defendant, and the depth of the defendant after the crime of this case is divided, and the sentencing recorded in the records, such as the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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