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(영문) 울산지방법원 2018.03.13 2017고단4280
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 31, 2017, the Defendant was sentenced to three months of imprisonment with prison labor by the Ulsan District Court, and the said judgment became final and conclusive on December 30, 2017.

around 14:58 on October 17, 2017, the Defendant: (a) reported that F, an employee of Yangsan E, in relation to the provision of meals to vulnerable groups, was in dialogue with the said restaurant proprietor; and (b) stated, “In this hour, a viewing official is going to go beyond the floor of the said I’s body by opening a back door to the driver’s seat of the Glearning car owned by Yangsan, and boarding the said vehicle; and (c) Hading the Hadice, who was dispatched to the site upon receipt of a 112 report, is going to go against the I’s check from the police box belonging to the Hamsan Police Station in Yangsan-si, the police station in receipt of the 112 report, and Hading the rank attached to the shoulder of the said I, booming the boom of the said I on twice, and booming the boom of the boom, thereby destroying the body of the said I to control it.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Each investigation report (including attached data);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There are many violent records, such as protection observation and treatment, and community service order Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, one fine, one fine for the violation of the Punishment of Violences, one fine for the violation of the Punishment of Violences, one of the suspended sentence of imprisonment with labor for the violation of duties, one of the fines, and four times. In particular, the Defendant was under restraint due to the interference with the duties stated in the judgment at the time of the instant case.

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