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(영문) 울산지방법원 2018.12.20 2018고단3152
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Criminal facts

On May 4, 2016, the Defendant was sentenced to a two-year imprisonment by imprisonment with labor at the Ulsan District Court for a violation of the Punishment of Violences, etc. Act (joint injury), and the judgment becomes final and conclusive on May 12, 2016, and is currently under suspension of execution, and the Defendant was sentenced to a four-month imprisonment with labor at the same court for a violation of the Punishment of Violences, etc. Act (joint injury) on November 2, 2018, and is currently pending in the appellate trial.

On July 26, 2018, at around 04:30 on July 26, 2018, the Defendant: “A” in the front of D in Ulsan-gun, U.S., Ulsan-gun, “A person who is a customer is frighter,” was reported and called up to 112, listened to the facts of damage against G that is presumed to be a victim of assault by the captain of the police box affiliated with the Ulsan-gun, U.S., U.S., Police Station E (hereinafter “F”) and frighter to the right part of F with the left 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 with regard to F;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Type 1 (Interference with the performance of public duties and coercion of duties) in the mitigated area (where the extent of interference with the performance of public duties is minor in January-8, violence, intimidation, deceptive scheme, or public duties is minor) in the sentencing guidelines;

2. Although there are favorable circumstances such as that the defendant's reason for sentencing reflects the crime of this case and that the degree of interference with the execution of violence and official duties is not significant, the defendant went to the crime of this case during the period of suspension of execution of sentence as to the defendant, and the defendant has the same criminal records, and other conditions of sentencing, such as the defendant's age, sex, environment, etc., shall be determined like the order.

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