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(영문) 울산지방법원 2017.12.28 2017고단4119

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On April 12, 2013, the Defendant was issued a summary order of KRW 5 million by obstructing the performance of official duties in the Daegu District Court Kimcheon Branch, etc., and on January 20, 2014, the Defendant was issued a summary order of KRW 1 million by obstructing the performance of official duties at the Ulsan District Court. On August 22, 2014, the same court was sentenced to imprisonment for six months, suspension of execution two years, and fine of KRW 600,00,000, more than 20 criminal records, and on October 14, 2016, the Defendant was sentenced to imprisonment for one year by obstructing the performance of official duties at the Daegu District Court, and completed the execution of the sentence at the Daegu District Court on August 31, 2017.

Around 03:10 on October 12, 2017, the Defendant found in the state of alcohol in Ulsannam-gu Police Station C District of the Namnam-gu Police Station, Ulsan-gu, U.S., U.S., and sought complaints from the facts that he was subject to criminal punishment due to interference with the transfer of official duties, and made a serious bath to police officers working in the said district for “one year prior to the death of the police officer, boms, boms, boms, and goms,” who are the police officers belonging to the said district police group, and was urged to go home from the police officer D, E, who is the police officers belonging to the said district police group, and was urged to go home from the above police officers, and threatened the Defendant with the above part of E face of the police officer as his hand, and the Defendant was kneeped by assaulting the part of D as his hand, bombing the part of the above police officer, and boming the part.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV images;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the area of mitigation (one month to eight months).