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(영문) 울산지방법원 2013.10.17 2013고단1780
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On 19:18 on 02. 03. 03. 19:18, the Defendant, at D’s house located in Ulsan-gu, Ulsan-gu, without responding to D’s demand from D to leave the house, received a report from 112, and sent a warning that he would refuse to comply with the request from a slope F belonging to the Ulsan-nam Police Station E-gu, Ulsan-gu, Ulsan-gu, Seoul-do, and be punished for his failure to comply with the request from a resident, and that he would be punished for his failure to comply with the request from a resident, and assaulted twice the above F’s clothes.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on 112 report processing.

Summary of Evidence

1. The defendant's partial statement that the police officer called out on the ground of a report filed by D due to a dispute arising during his/her collection of D;

1. Examination protocol of the accused by prosecution;

1. Each legal statement of F;

1. As to the Defendant’s assertion of G’s written statement, the Defendant alleged that he was innocent since he did not assault the police officer.

However, according to F’s legal statement of the victim police officer F, it is recognized that the defendant committed an assault against F’s clothes sent by the defendant upon receiving D’s report, and contrary thereto, D’s legal statement is not a witness of all acts of the defendant at the time, and it reversed the statement that the defendant took a bath only to himself/herself, unlike the statement made by the investigation agency that the defendant took a bath to a police officer, and in light of the defendant’s same history, etc., it is difficult to believe that objectivity is lost due to the defendant’s personal relationship.

Therefore, since the facts charged are proved, the defendant's above assertion cannot be accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

1. The order of provisional payment;

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