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(영문) 울산지방법원 2016.08.30 2016고단1623
공무집행방해
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On April 1, 2016, the Defendant: (a) on the street in front of the “C” located in Ulsannam-gu B, Ulsan-gu; (b) was under the influence of alcohol to board a vehicle of a person who has no relation with the Defendant; and (c) received a report from the owner of the vehicle, the Defendant was recommended to return home from E Assistants to the police box affiliated with the Ulsannam-gu, the police box, and the police officer on several occasions.

Nevertheless, the Defendant, without complying with this, snowd a heavy traffic, obstructed the front of the patrol vehicle so that the said police officer does not depart from the patrol vehicle, and opened the door of the patrol vehicle and the rear door of the driver’s seat before the patrol vehicle starts, with the door of the patrol vehicle’s driver’s seat and the door behind the driver’s seat opened several times before the patrol vehicle starts.

E’s hand, arms, etc. were shocked.

The Defendant, upon a police officer’s solicitation of returning home, was unable to resist again at the “H convenience store inG” in the vicinity of the police officer, and was urged to return home again from E/F dispatched upon a report by employees of the convenience store.

However, Defendant 1 provided the above police officers with a desire to see, “this fargue fargue” and, at the same time, had the door of the patrol car closed several times, with the door of the patrol car opened between them.

E's hand, arms, etc. were shocked, and police officers were placed a door to prevent police officers from opening and departing from the door of patrol cars.

Accordingly, the defendant assaulted police officers E to interfere with legitimate performance of duties concerning the dispatch and patrol of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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