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(영문) 울산지방법원 2018.09.21 2018고합121
공무집행방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant: (a) around 02:00, in D located in Ulsan-gu, Ulsan-gu, U.S., U.S., U.S.C., “I am a fright without calculating the customers.”

12 reported and sent to the site by the police officer of the Ulsan-gu Police Station E box of the Police Station of the Ulsan-gu Police Station, who is recommended to calculate the drinking value and return home from F, and assaulted by “Nek kack kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kh on the hand of the above F.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Each police statement made to F and G;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The Defendant alleged that there was no assault against the police officer, as stated in the facts charged, on the part of the Defendant and his defense counsel regarding the assertion of the Defendant under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the F of the damaged police officer, on the day of the instant case, was under the influence of the Defendant, was under the influence of alcohol, was under the influence of the Defendant’s face, and was

A consistent statement, ② At the time G, the restaurant State, also observed the above heading.

In light of F’s statement and consistent with F’s statement, it is recognized that the Defendant used a police officer F as stated in the facts constituting a crime under the influence of alcohol.

Therefore, this part of the defendant's assertion is rejected.

The reason for sentencing is not only that the defendant, under the influence of alcohol, failed to calculate the drinking value but also took a bath to the police officer dispatched to the site after receiving such a report, but also that the defendant assaults the police officer.

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