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(영문) 울산지방법원 2017.11.30 2017고단3673
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

On June 7, 2017, the Defendant was sentenced to one year of suspended execution for six months of imprisonment with prison labor by the Ulsan District Court for injury, and the judgment became final and conclusive on the 15th of the same month, and is currently under suspended execution.

On September 2, 2017, the Defendant 21:15 on September 2, 2017, in the “Center” located in the Nam-gu, Ulsan-gu.

112 reported to the effect that “A police officer belonging to the Ulsan Southern Police Station B District shall not be deemed to have a horse to verify the personal information of a defendant who gets out of the floor, and the above C police officer shall not be deemed to have a sprinke, flap.

Before taking a bath, the Defendant 1 took a bath, she flaged C police officers, and she flaged C police officers at the Defendant’s hand.

Accordingly, the police officer in C can be punished for interference with the execution of official duties by the defendant.

The Defendant’s warning defect, the Defendant’s hand-oned the shoulder of Cman more than twice, and the Dman belonging to the said patrol group, who was next to the Defendant, was saluted with the shoulder of Dman by her head, and the Defendant was saluted with the shoulder of Dman by her head, and was saluted with the shoulder of Dman by her head.

Accordingly, the Defendant interfered with the legitimate execution of police officers C and D related to the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of each statute on photographs;

1. Article 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 Competition;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Type 1 (Interference with the performance of public duties and coercion of duties) in the mitigated area (where the extent of interference with the performance of public duties is minor in January-8, violence, intimidation, deceptive scheme, or public duties is minor) in the sentencing guidelines;

2. Circumstances favorable to the reasons for sentencing: The defendant reflects the instant crime, and the degree of violence and obstruction of official duties cannot be seen to be serious: It is again identical to the instant crime in the same manner as the instant crime was committed only three months after the suspended sentence was sentenced due to the crime of injury.

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