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(영문) 울산지방법원 2016.09.13 2016고단56
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 23, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for an attempted crime to go to the Incheon District Court, and completed the execution of the sentence on April 9, 2015.

On November 25, 2015, the Defendant reported 112 and 119 to the effect that he/she would commit suicide in the Cel 205 located in Yangsan City B.

The Defendant, upon receipt of a report, threatened with the destruction of a shoulderer soldier in front of the E details of the police box belonging to the Kumsan Police Station D, the Assistant F and the Yangsan Fire Station Fire Officers, and threatened with the destruction of a shoulderer’s disease in his hand, and interfered with the legitimate execution of official duties by threatening the destruction of a shoulderer’s disease to G and a slopeF in order to communicate with him.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. On-site photographs;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to personal identification and acceptance status, etc.) by statutes;

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

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a person who interferes with the execution of official duties against the F with the largest punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Category 1 (Interference with and Compelling of Performance of Official Duties) (In Cases of Special Sentencing): Where group or group of public officials show the power of group or group of public officials or carry dangerous things (type 1, the name of a shoulderer), and where there are many public officials suffering damage, (one type, police officers, and the majority of fire officers) [the scope of the recommended punishment] one year to six years (the general person subject to sentencing] of imprisonment [the scope of general person subject to sentencing] of aggravated factors: A crime committed within three years after the completion of the execution of imprisonment [whether suspended sentence] of a repeated crime (the execution of a sentence on April 9, 2015), so it is impossible to suspend execution (the proviso to Article 62 (1) of the Criminal Act - the proviso to Article 62 (1) of the Criminal Act) (the main reason is to prevent group or group of public officials from carrying dangerous or dangerous things.

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