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(영문) 울산지방법원 2020.11.12 2020고단2070
공무집행방해
Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A, at around 23:10 on January 18, 2020, the Eju shop operated by Ulsan-gun, U.S., Ulsan-gun, having received 112 a report and sent, Defendant A had a slope G belonging to the Ulsan-gu, U.S., Police Station F commander of the Ulsan-gu, Police Station Habbbing him prepare a statement concerning the facts of the instant case to the said D, and Defendant B, who was able to hear the said H’s words “Isking off the police officer’s hand,” who continued to take the G’s hand, she saw “Isking off the police officer’s hand” from the said H to “Isking off this , Isking off his body with H’s body, and hing off his bath that I would not take any bath.”

As a result, the Defendant committed a crime of obstruction of the performance of official duties against two police officers, but the applicable provisions of the indictment do not state "Article 40 of the Criminal Act", and the facts charged are stated as "an interference with the legitimate performance of duties of police officers".

However, as stated in the application of the law, the above crime constitutes an ordinary competition, and the defendant's exercise of his/her right to defense is deemed not likely to cause any substantial disadvantage, so the part of "police officer" in the above contents shall be corrected ex officio as "police officer."

The legitimate execution of duties was hindered.

2. Defendant B, at the date, time, and place described in the preceding paragraph, deemed Defendant B to have h h h h h h and h h h h h h h h h h h with h h h h h h h h h h h h h h h h with h h h h h h h h h h h h, and arrested as a flagrant offender as described in the preceding paragraph.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

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