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(영문) 울산지방법원 2015.01.23 2014고단3520
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

At around 02:40 on November 9, 2014, the Defendant, within 1studio in Yangsan-si, brought a dispute with E and drinking value unpaid. At the same time, the Defendant, upon receiving the report of 112 and sent to the scene, was exempted from the defect of the instant case from the Defendant, and the said G was threatened with the instant case on the ground of a beer’s disease on the part of the table.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

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. Reasons for the sentencing of Article 334(11)1 of the Criminal Procedure Act for the order of provisional payment [decision of the type of obstruction of performance of official duties] The basic area of the obstruction of performance of official duties [decision of the recommended area] [the scope of recommendation] six to one year / four months / [the scope of recommendation] / [the case where a general person] - the reduction element of punishment is not punishable (the case where a sentence of punishment is committed] / the police officer dispatched upon receiving a report / the proper performance of official duties of the police officer dispatched by the defendant, and the nature of the crime is bad or bad, the defendant is divided in depth while committing the crime; the defendant does not have the same criminal power; the defendant did not have the same criminal power; the damaged police officer did not want punishment against the defendant; the damaged police officer does not want punishment; the defendant's age, character and behavior, motive, means and consequence of the crime; and the sentence shall be determined as per the order.

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