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(영문) 울산지방법원 2016.09.05 2016고단2398
상해등
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

1. 공무집행방해 피고인은 2016. 6. 23. 01:00경 울산 남구 B에서, 신고를 받고 출동하여 술에 취한 피고인의 상태를 확인하는 울산남부경찰서 C지구대 소속 경사 D 및 같은 지구대 소속 순경 E에게 갑자기 욕설을 하고 고함을 지르면서 왼쪽 손으로 E의 얼굴을 1회 때리고, 발로 위 D의 오른쪽 다리를 1회 찼다.

Accordingly, the defendant assaulted D and E, who is a police officer, and interfered with legitimate execution of duties related to D and E's 112 dispatch duty.

2. On June 23, 2016, around 02:20 on June 23, 2016, the Defendant: (a) at the criminal office and office of the Ulsan-nam Police Station in Ulsan-gu, Ulsan-ro 35-ro, Ulsan-do; (b) during the arrest of the said victim D in flagrant offender under the suspicion of obstruction of performance of official duties under paragraph (1), and was transferred to the said office, he/she was released from his/her own right arms.

Accordingly, the defendant assaulted the victim who is a police officer, thereby obstructing the victim's legitimate execution of duties concerning taking the offender into custody, and at the same time, inflicted an injury on the victim at least two weeks of medical treatment on the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of each of the Acts and subordinate statutes on request for investigation cooperation;

1. Articles 257 (1) and 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act for the Detention in the Labor House shall be taken into account in consideration of various circumstances, such as the beginning offender, reflective attitude, and circumstances leading to the crime. The Defendant is obliged to separately pay attention to preventing recidivism [Judgment on the Defendant’s assertion] to the effect that the Defendant was in a state of mental or physical disability at the time of committing the instant crime, but the Defendant does not accept the claim in light of various circumstances shown in the records and arguments.

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