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(영문) 울산지방법원 2020.11.13 2020고단2821
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

Around 05:59 on July 1, 2020, the Defendant: (a) expressed the Defendant’s desire on the front of the Ulsan-gun B, Ulsan-gun; (b) on the front of the Defendant’s 112-reported and sent to Ulsan-gun; (c) the background leading up to the Ulsan-gun Police Station C police box belonging to the Ulsan-gun Police Station C police box and the Defendant, upon asking the Defendant for the reasons for the report, that “hicked,” without any reason, “I am the same as the bit of the bitch bitch, bomb, flap, flap,” and pushed the Defendant’s image on his hand; and (d) the above E taken the Defendant’s image on the PDA (police mobile phone for the police) and fell off from the floor of the PDA cited by E with his hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of CCTV video CDs and the statutes governing the 112 Reporting List;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The circumstances that are disadvantageous: the nature of the crime in light of the details and motive of the crime in question, the contents and methods of the crime in question, and the possibility of criticism is significant; the obstruction of performance of official duties is a crime that interferes with police officers' legitimate performance of duties and the necessity of strict punishment exists; the defendant's perception of the crime in question is likely to reflect the mistake in depth and again stop the same crime; and the degree of exercising force in this case is the degree of exercising force.

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