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(영문) 울산지방법원 2019.04.30 2018고단3841
공무집행방해
Text

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

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

Reasons

Punishment of the crime

Around 14:10 on September 21, 2018, the Defendant: (a) took a heavy bath on the front of the “C” road located in Yangsan City, and interfered with the traffic of the vehicle; and (b) demanded the police officer affiliated with the Yangsan Police Station D commander of the Yangsan Police Station, who was dispatched after receiving 112 a report, to turn off the vehicle to the edge of the road so that the vehicle can walk; (c) neglected this demand, and subsequently interfered with the traffic of the vehicle, the Defendant tried to see the above E’s voice and take a bath at the time of the above E; and (d) the Defendant tried to take a walk at the place of the above E’s order to keep the vehicle in line with the above E’s order to take a safe seat and to take a look at the vehicle’s body, and then, the said E’s order to keep the vehicle in line with the above E’s order to take the vehicle’s body, and then start the vehicle patrol at the place of the above order.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reported case E and F, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos 7 and 14);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the nature and circumstances of the crime are not good in light of the method and form of the crime; and (b) the details and circumstances at the time of the crime; (c) the two police officers who suffered from the crime are two; and (d) the liability for the crime has not been taken by the victimized police officers up to now.

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