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(영문) 울산지방법원 2019.02.12 2019고단79
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

Criminal facts

On November 18, 2018, the Defendant: (a) received 12 report from the hospital’s side of the hospital that “a man has been under influence of alcohol at the emergency room at the hospital; (b) was used to return to the hospital by means of D, etc., a police officer belonging to the Ulsannam Police Station C district unit of the Ulsannam Police Station C district; (c) requested patrol units to escort the police officers; and (d) was on the back seat and returned to the front of the road in Ulsan-gu E on the same day; (b) around 04:15 on the same day, the Defendant was arrested the front seat of D who was on the front of the vehicle’s seat during the patrol line at around 04:15 on the same day; (c) was on the front part of D who was on the front line of the vehicle; and (d) was trying to arrest a flagrant offender with obstruction of performance of official duties; and (d) was compelled to arrest the rear seat of D to arrest the rear seat; and (e) was escorted to the rear seat of C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV images;

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

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of a selective fine for punishment (which is reasonable to strictly punish a defendant in light of the risk, etc. of the defendant at the time, but which has no record of criminal punishment beyond reflectivity, somewhat contingent, and fine);

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

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

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