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(영문) 울산지방법원 2018.09.18 2018고단2216
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

Defendant: (a) around June 16, 2018, around 22:50, on the road in front of the “C” door located in Yangsan-si B, Yangsan-si; and (b) the Defendant has set the front door of the door.

“Absent the statement from the person who was dispatched after receiving the report 112 to the police officer E (29) who belongs to the Yangsan Police Station D’s police station, “The head of the Dong shall force the head of the Dong to tow his vehicle,” and the Defendant shall be allowed to go to the Defendant that “I am festly fly with each other on the following day,” and the Defendant’s wife made the Defendant’s wife to drive the vehicle on two occasions, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the report 112.

Summary of Evidence

1. The defendant's partial statement (the denial of criminal intent);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the investigation report (based on CCTV analysis);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The details and degree of interference with the execution of official duties in the sentencing of Article 334(1) of the Criminal Procedure Act, and records of being sentenced three times to a fine for another type of crime shall be taken into account.

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