beta
(영문) 울산지방법원 2016.05.26 2015고단3283

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than five 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

On December 1, 2015, at the front of the D cafeteria located in Ulsan-gu, Ulsan-gu, Seoul-gu, about 03:15, the Defendant: (a) at the time of the patrol vehicle for the prevention of traffic accidents; (b) at the time of the patrol vehicle in the above place, the Defendant tried to put the Defendant’s face into the Defendant’s face with the driver’s seat window given in Ulsan-gu, Seoul-gu, Police Station EbridgeF; and (c) was informed from the above F to the Defendant to check the Defendant’s face; (d) the Defendant was urged from the said F to go home again; (e) the Defendant was sent back three times to the back of the F; (e) the Defendant’s horse was removed from the patrol vehicle; (e) the Defendant was spawd from G; and (e) the Defendant’s faces was spawd from the patrol vehicle; and (e) the Defendant was spawd from the above patrol vehicle to the Defendant’s left hand.

Accordingly, the Defendant interfered with the legitimate execution of duties on the prevention of crimes in F and G.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness F and G’s statutory statement statutes;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation]: In the mitigated area of Class 1 (Obstruction of Performance of Official Duties) (1 to August): Where the degree of assault, intimidation, and deceptive scheme is minor, a standing position unfavorable to a police officer working for the defendant, who has assaulted him/her without any justifiable reason and does not properly reflect his/her criminal act; however, in light of the fact that the defendant has no criminal history, and the degree of assault is relatively minor, a punishment shall be determined as ordered by the disposition;