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(영문) 울산지방법원 2020.04.14 2019고단4633
공무집행방해
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On November 4, 2019, at around 22:53, the Defendant was under the influence of alcohol before the Yangsan City B market and received a report of 112 from the police officers belonging to the Yangsan Police Station C District, who was called up after receiving a report of 112, and moved to C District of the Yangsan Police Station.

On November 4, 2019, at around 23:12, when the Defendant was traveling along the back seat of the patrol vehicle as above, the Defendant was able to take a bath on the front road of the E-F restaurant in Gyeyang-si, Yangsan-si, and was able to take the head car of the victim D (the age of 31) who was employed by the Defendant, and knee, knee and knee up the victim’s face twice.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. In order to establish the legal order of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate the light of public authority, crimes of obstruction of performance of official duties, such as this case, need to be punished strictly.

However, it is against the defendant's wrong recognition of his mistake, and there is no criminal record other than twice juvenile protective disposition, and the crime of this case appears to be contingent crimes committed in the state of exploitation, and other circumstances recorded in the records, such as character and conduct, environment, and circumstances after the crime, etc., shall be determined as ordered, taking into consideration the following circumstances.

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