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(영문) 울산지방법원 2017.07.20 2017고단1433
공무집행방해
Text

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

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

Reasons

Punishment of the crime

1. On April 22, 2017, at around 18:50, the Defendant: (a) received a report from the CF to verify personal information from the police officer of the police station in the Ulsan-gu Police Station E box sent to the site after receiving a request for presentation of his/her resident registration certificate; and (b) took a serious desire for the F to notify him/her as a disturbance of drinking; (c) collected the Defendant’s resident registration certificate and written notification of his/her resident registration certificate from the face of the F and assaulted the F; and (d) assaulted the F by gathering the Defendant’s resident registration certificate and written notification to him/her.

2. On April 22, 2017, the Defendant arrested a flagrant offender on the grounds of paragraph 1. at a police box of the Ulsan-gu Police Station E (Seoul-gu) Police Station in Ulsan-gu, Ulsan-do, G on April 22, 2017, and then received the resident registration certificate and written notification from HH to the police officer assigned to the above police box on the ground of the above 1.1.

“F............. “, while she takes a handout, she re-written notice and written notice to the face of the F........... and assaulted the F....

As a result, the Defendant committed a legitimate performance of duties on the handling of 112 report by police officers and investigation after arresting flagrant offenders.

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 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is to prevent a police officer from performing his/her duties by means of gathering his/her identification card and written notice on his/her face while taking a bath, and thus, in light of the content of the crime and the method of the crime, the nature of the crime is not easy, but the defendant is in profoundly against the crime, and the defendant lacks his/her ability to restrain himself/herself and judge under the influence of alcohol.

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