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(영문) 울산지방법원 2015.02.05 2014고단4057
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

At around 22:40 on December 16, 2014, the Defendant assaulted the Defendant, under the influence of alcohol, on the ground that E (29 years of age) belonging to the police officer belonging to the Ulsan Heavy Police Station D Zone D (29 years of age) belonging to the Ulsan Heavy Police Station D Zone D (hereinafter referred to as the “E”) belonging to the Ulsan Heavy Police Station D Zone D (29 years of age) who was sent to the district on the street and voluntarily her residential address, on the ground that he was living at the seat of his domicile, on the ground that he was able to walk at the floor once, and walked the part of the clothes of the B B (32 years of age) one time at the seat of the head of the police station in the same jurisdiction to restrain it.

Accordingly, the defendant has prevented the police officer from performing his/her legitimate duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of assaulting police officers on the ground of sentencing of Article 334(1) of the Criminal Procedure Act cannot be deemed to be minor as a crime of assaulting those dispatched after receiving a report that the defendant is under the influence of alcohol.

However, in 2012, a fine of one million won has no criminal history other than that sentenced to a fine due to drinking driving in 2012, the degree of violence has not been serious, and the age has yet to be young and has yet to be employed, the fact that the defendant has recognized a mistake and reflects it, and the defendant has determined the punishment as ordered by considering the age, family environment, personality and conduct, circumstances after the crime, etc.

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