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(영문) 울산지방법원 2015.12.11 2015고단2625
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On September 24, 2015, at around 00:05, the Defendant took measures as electric wires increase on the street near “C” located in Yangsan-si B, and explained that the Defendant did not immediately explain to the police officer that he would handle civil petitions through the relevant agency after being called to the site after having received a 112 report, and having been called to the site, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case, by avoiding disturbance, such as checking the police officer, on the ground that the police officer would not immediately take measures to explain that he would handle civil petitions through the relevant agency after the vehicle from the police officer belonging to the police officer of the Gyeongnam Police Agency and the Yangsan Police Station, which was called to the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning G or D;

1. Application of Acts and subordinate statutes to photographs, penalty payment notices, detailed statement of handling 112 reported cases, and visual closures;

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. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [Scope of Recommendation] Where the mitigation area (i.e., obstruction of performance of official duties/performance of official duties) (ii) mitigation area (i.e., January to August) [Special Mitigation] and the degree of violence, intimidation, and deceptive scheme is minor (i.e., the decision of sentence] that the police officer dispatched by the defendant upon receiving a report interferes with the legitimate performance of official duties of the police officer dispatched by the defendant

It is the factor of sentencing favorable to the defendant that the defendant has committed a crime, that is the primary offender, and that the degree of violence has not been much serious.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the conditions of various sentencing, such as the circumstances after the crime, shall be considered, and the punishment shall be determined as ordered.

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