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(영문) 울산지방법원 2017.09.19 2017고단2781
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

【The Defendant was sentenced to six months of imprisonment with prison labor for interference with the transportation of the train at the Daegu District Court and racing support on June 27, 2014, and completed the enforcement of the sentence on October 24, 2014. On August 13, 2015, the Ulsan District Court sentenced eight months of imprisonment with prison labor for the crime of injury or assault and completed the enforcement of the sentence on March 1, 2016. On August 30, 2016, the Defendant was sentenced to five months of imprisonment with prison labor for interference with the business at the Ulsan District Court on November 17, 2016, and completed the enforcement of the sentence on April 28, 2017.

【Around 13:55 on August 4, 2017, the Defendant, at the Ulsan Metropolitan City Jung-gu Office D and consultation office in Ulsan Metropolitan City, Ulsan-gu, where the Defendant was in consultation with the above D and E and F, who are public officials belonging to the above D and E, took a serious bath to the above E on the ground that the above E did not harm emergency medical care and did not cause their attitudes, and put the hand over several occasions into the head, and used the above E to put the hand over several times, and used the above E to take a serious bath to the outside of the counseling room, and used the part of the face of the above E in a hand, tightly sealed the part of the above E and sealed the above E’s face.

Accordingly, the defendant interfered with legitimate execution of duties concerning civil petitions by public officials in charge of social welfare affairs.

Summary of Evidence

1. Each police statement made with respect to G, E, and F;

1. A H statement;

1. The 112 case processing table, a copy of the official document paid for living expenses by persons eligible for each emergency support project, and the current status of support linkage A;

1. Each investigation report (on-site conditions, etc.), and (on-site reports on verification of statements by a reference witnessF telephone);

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, reports on criminal investigations (prior convictions of suspects, repeated crimes, and reports on related judgments);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes (a type of determination) is that it interferes with the performance of official duties (a interference with the performance of official duties / coercion).

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