(영문) 울산지방법원 2019.10.11 2019고단1766

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(영문) 울산지방법원 2019.10.11 2019고단1766

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On May 6, 2019, the Defendant: (a) sent to the scene after receiving a report on 112, and prevented the Defendant who is dissatisfied with the 112 reporter; and (b) expressed to the police officers belonging to the Ulsannam Police Station C District of the Ulsannam Police Station that demanded the Defendant to return home to the site, and pushed the police officers of “Ig, police kis, Igs, Ig to die, Ig to die, Ig to die, Ig to do so”; (b) on his own drinking, the Defendant spawdddd of the slope D’s slope belonging to the said district unit one time, and assaulted the Defendant by drinking D’s spabling and spathing it.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

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 is the following: (a) the nature of the crime is not good in light of the method and form of the crime; (b) the degree of interference with the principal assault and official duties; and (c) even though there was no record of punishment for the same kind of violent crime, the crime in this case was committed; and (d) the possibility of criticism has not been written against the victimized police officer up to now; (b) the Defendant appears to have committed the crime in favor of the Defendant; (c) the Defendant was recognized and against himself; (d) the Defendant appeared to have committed the crime in this case at the time; (d) there was no additional crime such as injury, etc. by the victimized police officer on or around May 2015; and (e) there was no special criminal record other than the fine due to the assault; and (e) there was no possibility of criticism in the E Center.

The age, character and conduct, environment, and crime of the defendant.

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