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(영문) 울산지방법원 2020.07.31 2020고단1593
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

On April 17, 2020, at around 23:40, the Defendant: (a) received 112 reports in front of the “C convenience store” located in Yangsan City B; and (b) sought personal information from the police officer E affiliated with the Yangsan Police Station D commander of the Yangsan Police Station D box, who called out, asked him/her about his/her own sound; (c) removed the Defendant, thereby making him/her take the breath of the said police officer’s breath; and (d) made him/her go beyond the floor by pushing him/her with the breath of b

As above, the Defendant assaulted the above E and interfered with the police officer’s legitimate performance of duties concerning 112 reported handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photograph images on the scene of crime, CDs and caps;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The circumstances that are disadvantageous: the nature of the crime in light of the background and motive of the crime in this case, the contents and methods of the crime, and the possibility of criticism is significant; the obstruction of performance of official duties is a crime that interferes with police officers' legitimate performance of duties and the public authority of the State, and there is a need for strict punishment: The defendant's perception of the crime in this case and reflects the wrongness of the defendant; the degree of exercise of force in this case does not seem significant; the crime in this case does not cause any harm to the life or body of the police officers who suffered damage; the defendant's primary crime that has no criminal power; the defendant's consciousnesss the defendant's wife; and the defendant's social welfare.

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