공무집행방해등
A person shall be punished by imprisonment with prison labor for four months and four months, respectively, for a crime set forth in Article 2 of the judgment.
Punishment of the crime
On May 29, 2013, the Defendant was sentenced to one year of imprisonment by the court due to the offense of insult, etc., and the execution of the sentence was terminated at the Incheon detention center on May 4, 2014. On March 11, 2015, the court was sentenced to eight months of imprisonment due to the crime of obstructing the performance of official duties and the judgment became final and conclusive on June 4, 2015. On October 28, 2015, the court was sentenced to one year of imprisonment due to the crime of obstructing the performance of official duties, and the appeal was dismissed on March 3, 2016, and became final and conclusive around that time.
Criminal facts
1. On May 6, 2015, at around 15:10 on May 6, 2015, the Defendant, who interfered with the performance of official duties, and insultd the Defendant, committed assault, such as: (a) talking that “I am Chewing, I am ye, I am ye, I am ye, I am ye, I am ye, I am am ye, I am ye, I am ye, I am.”, and ambling C’s epith, and erogate quality, at the Incheon Southern-dong, where many prisoners exist.
Accordingly, the defendant interfered with the legitimate execution of duties for the management of prisoners in prison, and publicly insulting the victim C.
2. On June 8, 2015, the Defendant, at the same playground No. 501 of the Incheon detention center, expressed that he/she would have expressed his/her desire to talk with other prisoners on the part of the damaged person D on June 8, 2015, at the same playground No. 501 of the Incheon detention center, he/she openly insulting the said victim by pointing out that he/she “I am am. I am. I am am. I am. I am. I am. I am. I am. I. am. I. am.).”
Summary of Evidence
1. Each police statement made in relation to C, E, F, and G;
1. Each service report;
1. Previous convictions in judgment: The application of Acts and subordinate statutes on inquiry into criminal history, investigation reports (the 21th page of investigation records), personal identification/ confinement status;
1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), and Article 311 of the Criminal Act (Contempt point and choice of imprisonment) concerning criminal facts;
1. Article 35 of the Criminal Act for aggravated repeated crimes (the offense of insult, etc. in the judgment) is the previous offense.