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(영문) 울산지방법원 2020.01.16 2019고단3631
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On July 29, 2019, the Defendant damaged a mail box, etc. to be 365,000 won in repair cost by drinking a box, internal signboard, and electric contact box managed by the victim C, which is located at the same time, under the influence of drinking on the first floor of the building of Ulsan-gu building B in Ulsan-gu, Ulsan-gu. Around 01:30, 201.

2. At around 01:40 on July 29, 2019, the Defendant: (a) stated that the police officer, a police officer belonging to the Ulsannam Police Station D District D District, who was dispatched after receiving a report at the above location 112, and the E and her assistant F, were unbrupted; (b) stated that the E and the Defendant expressed his/her desire to her face to her boom, she would be satched; and (c) expressed his/her desire to her view to her face to her boom, she threatened her police officer on the ground that he/she continued to restrain the Defendant; and (d) assaulted F’s bucks and her head to knick, etc., thereby obstructing the police officer’s legitimate execution of duties regarding 112 mobilization.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to F and E;

1. Written statements of G, H, I, and J;

1. Application of Acts and subordinate statutes, such as a damaged postal box, photograph, and written estimate;

1. Articles 136 (1) and 366 of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a person who has no criminal record is a first offender with no criminal record for the reason of sentencing of the defendant, and the depth is divided after the crime is committed, the victim of the damage to property and the victim of the damage to property was smoothly agreed to do so, and the purport of the crime is also indicated to the landscape damaged by official duties, the extent of damage and violence is relatively minor, and other conditions of sentencing as indicated in the records, such as the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, and circumstances after the crime

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