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(영문) 울산지방법원 2018.11.29 2018고단1759

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On September 2, 2015, the Defendant was sentenced to six months of imprisonment by the Ulsan District Court due to interference with business, etc., and completed the execution of the sentence at the Ulsan District Court on January 13, 2016. On July 27, 2016, the Defendant was sentenced to one year and two months of imprisonment by the same court, and completed the execution of the sentence at the Daegu Prison on July 6, 2017.

[2] On April 1, 2018, at around 19:00, the Defendant 112 reported that the Defendant assaulted a person before the “C cafeteria” located in Ulsan Jung-gu, Ulsan-gu, the Defendant: (a) took a bath to ask questions about the circumstances of the instant case from Ulsan-gu, Police Station Down-gu, Seoul-gu, Police Station Down-gu, and Police Officer F; and (b) took a flab of F’s flab, and flab; and (c) flabed off the Defendant’s flab, and flabed the Defendant’s flab, “this flab flab,” and flabed the flab, such as flabing the flab.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to G, F, and E;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the previous conviction reports);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] There is no basic area (6 months to 1 year and 6 months) of the 1 type (Interference with the performance of official duties and coercion of duties) [decision of sentencing] [Determination of sentence] The fact that it is a crime before and during the period of repeated crimes, including the same scam criminal, is very large, during the period of repeated crimes, and is a crime during the period of repeated crimes, the confession is contrary to contingent crimes, health status is not good, and all the conditions of sentencing are considered, such as the defendant's age, family environment, motive, circumstance, and result of the crime, etc.