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(영문) 울산지방법원 2019.08.09 2019고합160
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 03:55 on April 11, 2019, the Defendant received a report of a taxi engineer at the entrance of the Yangsan Police Station C police station located in Yangsan City B, and upon receipt of the Defendant’s non-payment of taxi expenses, the police officer D affiliated with C police box requested the Defendant to continue to pay for taxi expenses and return home to the Defendant, but the Defendant did not comply with the request, and assault D’s uniforms by Gap-ju at one time without complying therewith.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of investigation reports (investigation into CCTVs of police officers and police boxes) Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the order of provisional payment is that the obstruction of performance of official duties requires strict punishment for a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority. The instant crime was committed on the part of a police officer performing official duties, and the nature of the crime is not good.

On the other hand, the fact that the defendant shows a strong reflective attitude by recognizing the crime of this case, that the defendant has no criminal records and criminal records of the same kind exceeding the fine, and that it appears to have committed the crime of this case somewhat contingently, is favorable to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing as shown in the records and pleadings, such as the age, character and conduct, environment, and circumstances after the crime.

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