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(영문) 울산지방법원 2014.04.04 2013고단3807
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From around 00:30 on October 16, 2013 to around 01:20 on the same day, the Defendants got a vision while drinking alcohol within the Fjuk’s point operated by Ulsan-gu D victim E, Ulsan-gu. At the same time, the Defendants: (a) thrown away the table table from the table table; (b) thrown the body of the body of each other; (c) thrown the body of the victim; (d) thrown the water purifier within the said main point without hearing the body of the victim; and (e) interfered with the victim’s main business for approximately fifty (50) minutes by taking the vision.

2. Defendant A sent out after receiving E’s report at the time, place, and place set forth in the above paragraph 1, the victim slope H (ma, 48 years old) belonging to the Ulsannam Police Station G District G District, the Ulsannam Police Station G District, and the horse I called the victim’s bed, and the victim’s bed by drinking.

As a result, the defendant interfered with the legitimate execution of official duties concerning the maintenance of order of the victim and the police officer I, and at the same time, the victim needs to be treated for about 28 days, and the victim was injured by the two frameworks of unknown details and the alleys of sakes.

Summary of Evidence

1. Defendants’ respective legal statements (the second court date)

1. Police suspect interrogation protocol against J;

1. Each police statement of H and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 136(1), 257(1) (the point of obstructing performance of official duties), 314(1), and 30 (the point of obstructing performance of duties) of the Criminal Act; Articles 314(1) and 30 (the point of obstructing duties) of the Criminal Act;

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury)

1. Selection of each alternative fine for punishment;

1. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides both types of provisional payment orders.

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