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(영문) 울산지방법원 2017.11.27 2017고단3827
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 22:35 on September 25, 2017, the Defendant: (a) reported to the effect that “the drinking of the driver of the B-car is doubtful; (b)” on the front of the apartment house located in P-Eup, Yangsan-si, the Defendant was demanded to present his identification card from D; (c) however, the Defendant attempted to open a front door of the patrol police station located on the side and to board the patrol police station; and (d) was removed from D; (c) then the Defendant was forced to undergo a stop from the said D., “S. Ma-ro Ha, S. Ma, S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. Ba, the Defendant did not wish to do so on his hand, i.e., one time the price of the D, and one time the chest.

Accordingly, the defendant assaulted the police officer in charge of performing his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Application of Acts and subordinate statutes to the statement of processing reports;

1. Article 136(1) of the Criminal Act of the relevant Article on criminal facts (Selection of a punishment - Taking into account the gravity of legal interests infringed on the part of the obstruction of the performance of official duties, but taking into account various circumstances, such as the initial crime, the details of the crime, the degree of reflection, and the degree of assault, as shown in the record and pleading);

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

1. Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [Judgment on the Defendant’s assertion] argues that the Defendant was in a state of mental and physical weakness at the time of committing the instant crime, but the Defendant does not accept such assertion in light of

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