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(영문) 울산지방법원 2015.01.16 2014고단3319
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

At around 07:10 on October 12, 2014, the Defendant: (a) saw the Defendant at the parking lot for the Yangsan Police Station C police station located in Yangsan-si B, Yangsan-si; (b) tried to see the left side of the D 112 patrol police station parked at that place in both hand and damaged it; (c) as the circumstances in which the police box belongs to the above police box, the Defendant attempted to remove it, and assaulted the face of the above E once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and F;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that it interferes with police officers’ legitimate performance of official duties who called out after receiving 112 reports, and such offense is disadvantageous to the defendant.

It is the factor of sentencing favorable to the defendant that the defendant has committed a crime, that is the primary offender, and that the degree of violence has not been much serious.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the conditions of various sentencing, such as the circumstances after the crime, shall be considered, and the punishment shall be determined as ordered.

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