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(영문) 울산지방법원 2021.01.21 2020고단2959
공무집행방해
Text

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

Reasons

Punishment of the crime

[criminal records] On December 28, 2017, the Defendant was sentenced to eight months of imprisonment by the Ulsan District Court for interference with the performance of official duties, and the execution of the sentence was completed at the Seongbuk Detention House on August 26, 2018.

[2] On May 15, 2020, the Defendant reported on May 15, 2020 to 112 that “C real estate” on the road located in Ulsan-gu, Ulsan-gu, Seoul-gu, and that “the drinking, body is good, satisfy, and there is no heat.” The Defendant refused to send the hospital of 119 first class members who arrive at the site after reporting on May 15, 202 to the scene. The door of the 119 first class vehicle shall be knife and the door of the 119 first class vehicle shall be knifeed to the 119 first class, and the Defendant shall receive from the E slope belonging to the Seoul Southern-gu Police Station Dridge, the Emba, and the Defendant shall receive from the 119 first class check with the 119 first class crew members, and the Defendant shall do so.

Along with the arrest of a fine of 3 million won due to interference with the performance of official duties, the fine has been paid, there has been no money to be paid, and at the time, the bucks and legs of the G were taken on the floor of drinking and hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Other closure photographs;

1. The current status of personal expropriation and the application of judgment statutes;

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

1. Taking account of the fact that Article 35 of the Criminal Act of the aggravated repeated crime has a career of punishing more than twice due to an act of violence, obstruction of duty, etc., up to six times, including imprisonment with prison labor, which was punished on two occasions as a result of obstructing the performance of official duties; that it was a crime committed during the same type of repeated crime; that it was a crime committed during the period of repeated crime; that the degree of physical violence used is not strong; that the Defendant’s health and economic conditions are not good.

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