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(영문) 울산지방법원 2019.02.22 2018고단2891
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

At around 01:50 on August 30, 2018, the Defendant, at the Defendant’s house located in Yangsan-si B apartment, and the Defendant’s house located in Yangsan-si B apartment and C, “The husband has reached a large number of her husband with his fighting. Do delivery,” the Defendant, “I am in my own fire,” and “I am to this son, I am to my own fire,” and “I am in my own fire, I am in my own fire, and I am to am the chest of the above F, so long as I am by hand, I am the chest of the above E with his son’s hand, and ambling the f, and ambat.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Notification of a department related to reporting 112 cases;

1. Application of the Acts and subordinate statutes to a caps of a Baduk cinematographic image;

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 crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed by assaulting a police officer, such as the act of crime, appearance, crime, circumstance at the time of the crime, etc., which is not good, two injured police officers, and the crime is not easy to commit this case's violence and official obstruction because the defendant was committed against the defendant, who is the husband, and was reported by the defendant 112 at the time of the defendant's wife, and her desire to do so against the police officers dispatched to the scene after having been reported by the defendant 112 at the time of delivery, and thus obstructing the police officer's legitimate execution of duties. The crime of this case is committed against the defendant, which is disadvantageous to the defendant, the fact that the defendant recognized his own crime from the investigative agency, was committed in depth, and thus, it seems that the crime of this case was committed without any force, and there is no criminal force.

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