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(영문) 울산지방법원 2019.08.12 2019고단1830
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On April 26, 2019, the Defendant: (a) around 07:25, the Defendant was under the influence of drinking from the police officers E belonging to the Ulsan Central Police Station that was called out after receiving a report of 112 and was under the influence of drinking at the underground parking lot B2, Ulsan-gu B apartment C; and (b) the Defendant was under the influence of drinking from E and F.

After the crackdown on drunk driving was completed, the Defendant: (a) asked the police officer to return home from the above police officer; (b) asked the police officer to remain home; (c) was rejected; (d) asked the police officer to check the fact of drunk driving; and (e) asked the police officer to take the front door of the patrol vehicle (No. 73) operated by the above police officer on his hand; (d) opened the knee in front of the patrol vehicle; and (e) obstructed the above police officer from departing from the said vehicle; and (e) assaulting the above police officer, such as threateninging and threatening the said E to carry the neck.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported duties by police officers and drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not have any special criminal records of the defendant, the depth after the crime is divided, and the purport of the crime is expressed to the injured landscape, the degree of obstruction of the performance of official duties of this case is relatively minor, and the conditions of sentencing indicated in the record, such as the defendant's age, occupation, character, personality and behavior, family relationship, living environment, circumstances leading to the crime, etc., shall be comprehensively considered

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