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(영문) 울산지방법원 2017.02.08 2016고단4415
공무집행방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 3, 2016, the Defendant received 112 reports from the head of the Dong-gu, Ulsan-gun, Ulsan-gun, Seoul-do, 75-9, and recommended the Defendant to pay for taxi expenses and return home to the police station B police station of the Ulsan-gu, B police station of the Republic of Korea, where he was called for “not to have a taxi customer arrived at the destination.”

It is a soldier within the military forces, and he called, what he is the gugue, what he is, and what he does not go, and assaulted the above C's bridge by breaking the breath of the above police officers, and walking the bridge.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (hereinafter “the Criminal Act”) of the Trade Union and Labor Relations Inducement Act provides that “The punishment shall be mitigated in light of the gravity of legal interests infringed upon.” However, the punishment shall be determined as ordered in consideration of various circumstances, such as the time interval with the previous criminal records of the same kind, the background of the crime, the degree of assault, and the degree of reflectivity.” The Defendant’s assertion that he/she should separately pay attention to preventing recidivism [Judgment on the Defendant’s assertion] to the effect that the Defendant was in a state of mental and physical weakness at the time of the instant crime, but the Defendant does not accept the assertion in light of various circumstances

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