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(영문) 울산지방법원 2017.12.07 2017고단3951
공무집행방해
Text

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

Reasons

Punishment of the crime

On November 12, 2017, 21:00, the Defendant “C cafeteria” in the front of “C cafeteria” located in Ulsan-gun, Ulsan-gun, U.S., Ulsan-gun, and “two persons wrap each other” in “E and Do assistant F, who, after receiving a 112 report, sent to the scene, she was sent to the scene by the police box affiliated with E and Do assistant F.

After having taken the cell phone in the floor as “,” the breath of the frane E, was scambling, and the chest part of the scam F’s chest was scamed once, and was scambling and scam the slopeF’s breath.

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A E-document;

1. Application of each statute on photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. In full view of the importance of the benefit and protection of the law by itself, the defendant was punished four times only for the obstruction of the performance of official duties, and the repetition of the crime, which can be known in the records of punishment as violent crimes including probation, and the risk of recidivism, it is reasonable to give the defendant an opportunity to correct the crime through isolation with the society for a certain period.

However, in consideration of various circumstances, such as the background of the crime shown in records and pleadings, the reason why the police officer F was not punished, the degree of reflectivity, and the degree of violence, the punishment shall be determined like the order of non-application of the sentencing guidelines.

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