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(영문) 울산지방법원 2017.09.14 2017고단2724
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

On July 22, 2017, the Defendant: (a) received a demand from the police officer E belonging to the police unit belonging to the Ulsan-dong Police Station D District Unit in the Ulsan-dong Police Station, who was dispatched to the site upon receipt of a report on 112, that “a drunk customer does not have a house” in the “CMagro” located in Ulsan-gu B, Ulsan-gu, Ulsan-gu; (b) took a suddenization; (c) expressed the Defendant’s desire to read “a drinking horse” to the said circumstances; (d) assaulted the chest part of the said circumstances E one time with the left part of the chest part on one hand; and (e) assaulted the said circumstances E by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires consideration of the severity of infringement of legal interests or the degree of violence, etc. However, considering various circumstances such as the first offender, the first offender, the record, and the record and pleading, the circumstances leading up to the crime, and the degree of reflectivity (the judgment against the defendant's assertion) of the punishment as ordered by the court below (the judgment against the defendant's assertion) was asserted to the effect that the defendant was in a state of mental and physical weakness at the time of committing the instant crime, but the claim is not accepted

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