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(영문) 울산지방법원 2017.11.01 2017고단2950
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 50,000 won.

If the defendant fails to pay the above fine, 25.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act: (a) around 01:30 on July 27, 2017, in the “singing room” operated by the Victim C (M, 54 years of age) located in Ulsan-gun B; and (b) even when having been provided by the injured party with only 210,000 won of the market price from the injured party, the Defendant did not impose a value on the injured party without justifiable grounds.

2. On July 27, 2017, the Defendant, at around 01:35, was urged to pay the drinking value and return home from the police box E (36 years) belonging to the police box for which the Defendant was dispatched after having received a report that the Defendant did not pay the drinking value, such as paragraph 1, at the place described in paragraph 1, and paragraph 1, B, to whom he was urged to: (a) “I show to E that he was able to present the drinking value.”

whether or not.

개새끼야. 짭새가 뭔 데. ”라고 욕설을 하면서, 주먹으로 E의 복부 부위를 1회 때리고, 계속하여 주먹으로 E의 오른쪽 허벅지 부위를 2회 때렸다.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the dispatch and patrol of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement statutes to E and C;

1. Article 3 (1) 39 of the Punishment of Minor Offenses Act, interference with the selective execution of duties of fines: Article 136 (1) of the Criminal Act, and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: Taking into account the following circumstances:

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