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(영문) 울산지방법원 2014.07.24 2014고단1486
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 9, 2007, the Defendant was sentenced to eight months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Ulsan District Court, and on November 30, 2012, the Ulsan District Court sentenced him/her to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Ulsan District Court on November 30, 201, and on November 30, 2012, the said judgment became final and conclusive on November 25, 2013 and completed the execution of the sentence at the

【Criminal Facts】

Around 03:20 on May 21, 2014, the Defendant took a bath that the criminal facts indicated in the Defendant’s letter of arrest of a flagrant offender committed against the Defendant at the time of the Defendant’s assault case, which occurred on May 15, 2014, are different from that of the Defendant’s memory, and the police officers working in the said district at the time of the Defendant’s assault case, stated that “Chewing fladre, scard, scard, and scard, were about to be taken.” On the ground that D and scard E, after completing patrol duty, said D and scard E were not able to take the Defendant’s bath, and said D’s chest part was assaulted by the Defendant’s head and drinking, and said D’s part was left by the Defendant’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs at the time of committing the crime;

1. Investigation report (any attachment to a letter of arrest in the act of committing the crime);

1. Previous records: Application of Acts and subordinate statutes to criminal records, results of confirmation of the previous records of dispositions and dispositions, investigation reports (verification of the previous records of the same kind, confirmation of the previous records of the same offense, previous records of repeated crimes), copies of written judgments,

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

1. The reason for sentencing of the proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated offenders [the scope of recommending punishment] is the same as that of the obstruction of performance of official duties.

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