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(영문) 울산지방법원 2016.10.25 2016고단3178
공무집행방해
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On September 3, 2016, Defendant A was under the influence of alcohol on the front side of “E” located in Ulsan-gun, Ulsan-gun, U.S., U.S., and was requested to return home from the Inspector of the Ulsan-gu Police Station G police box called “E under the influence of alcohol” by the wife F, upon receiving a 112 report from the Party F, that “I are under the influence of alcohol.”

The Defendant stated that H’s defect “I am off” was “I am off,” and assaulted by having H’s face two times with his hand and one time with his head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

2. Defendant B, at the time, at the date, time, and place described in paragraph (1) of this Article, was arrested by A as a flagrant offender on the charge as above and obstructed the patrol vehicle. Defendant B, following the patrol vehicle opened by H while taking a bath to the right side of the patrol vehicle, and assaulted H’s part on the inside of the even door, which was flick.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. The application of Acts and subordinate statutes to prepare and report recording notes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Defendant A: Imprisonment with prison labor: Selection of a fine;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (In addition to a fine imposed once on the accused, taking into account that the accused has no other force);

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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