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(영문) 울산지방법원 2020.06.19 2019고단4614
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 26, 2019, at around 23:50 on October 26, 2019, the Defendant shouldered the entrance door glass at “C” stores located in Ulsan-gun, Ulsan-gun, with the influence of alcohol, and the Defendant listened to the circumstances of the instant case by the police officer affiliated with the Ulsan-gu Police Station D commander of the Ulsan-gu Police Station D commander, who was dispatched to the site upon receipt of 112 reports, and attempted to stop the said E while the Defendant was interested, and attempted to go to go to the said store in the state of interest, and the Defendant was able to stop the said E at once by drinking.

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 to E by the police;

1. A statement of damage to the F;

1. Application of 4 Acts and subordinate statutes to the 112 Reporting Report Report List, one CD-recording business of mobile phone photographing, and four photographs by taking a course;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The crime of this case was committed with violence against a police officer who is performing legitimate duties, and the nature of the crime is heavy, the possibility of criticism is significant, and the crime of obstruction of performance of official duties is a crime that obstructs a legitimate performance of official duties by a public official and the public authority of the State, and thus there is a need for strict punishment: The defendant is aware of his/her crime and reflects his/her mistake in depth, and the defendant is likely to block the crime of this case by contingency. This case is likely to cause harm to the life or body of the police officer who has suffered damage.

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