beta
(영문) 울산지방법원 2016.09.19 2016고단2699

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 01:01 on August 8, 201, the Defendant: (a) received a report on gambling in front of the “C cafeteria” located in Yangsan City B; and (b) received a request from the head of the police station affiliated with the Yangsan Police Station D police station, to make a statement of personal information from the victim E; (c) among several persons, including the above restaurant operator and the operator of the said restaurant, F, G, and H, the Defendant sexually insultingd the victim by referring to the victim “YE ZE,” and “IE ZE ZE ZE ZE ZE ZE ZE ZE ZE ZE ZE ZE YY YYYY YYYYYYYYY,” and publicly insulting the victim.

2. The defendant who has obstructed the performance of official duties in a temporary and at a place under paragraph (1) shall continue to put the police officers called out to the same paragraph with paragraph (1) in order for the above E to arrest him/her as a current criminal for the crime of insult.

After notifying the summary of the facts of the crime, I tried to see the above E on the ground of the knife hand, and obstructed the handling of the above E's 112 report cases and the lawful execution of duties concerning the arrest of flagrant offenders by pushing the chest of the above E on one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to an investigation report (one time a year);

1. Article 136 (1) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution)

Although it is not possible to see that the defendant has a history of probation, the defendant has no record of being punished for the same kind of crime, and the defendant has a contingent nature in the course of the crime, and the defendant is against the nature of the crime, etc., the selection of a suspended sentence in lieu of a suspended sentence. The defendant must pay attention separately to prevent recidivism.)

1. The community service order under Article 62-2 of the Criminal Act;