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(영문) 울산지방법원 2014.08.21 2014고단1778
공무집행방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 10, 2014, around 1:15, the Defendant: (a) refused to go back from the “Eju” store for the operation of D, which is located in Yangsan-si, even though the Defendant received a request from D to the end of the business after drinking the mixed alcoholic beverage; and (b) was demanded to go home from Ha to maintain the public safety and order of the police box affiliated with G and patrolmen who called to the site after receiving the report.

Accordingly, the Defendant, who was suffering from the incident, refused to return home at the entrance floor of the instant G and H with the view of the said G and H 10 minutes, with “I am back to the front door. I am back to the front door due to the view of the said G and H’s 10 minutes. I am back to the front door of the said G. I am back to the front door of the said G at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G, D, and H;

1. Application of Acts and subordinate statutes concerning violence compact photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Voluntary fine of sentence (the fact that the defendant is recognized to commit the crime of this case, the victim of the crime of this case expressed his intention not to want the punishment of the defendant, and the violence crime of this case is considerably complicated, but the probation period is currently being suspended after being sentenced to imprisonment with prison labor for one year and six months for violent crimes and sentenced to a two-year suspended sentence. In light of the contents of the crime of this case, it appears that it would be harsh punishment to revoke suspended sentence by sentence, and the crime of this case was detained for two months);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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