(영문) 울산지방법원 2019.03.21 2018고단3601

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(영문) 울산지방법원 2019.03.21 2018고단3601

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, at around 05:20 on September 5, 2018, 14: (a) 05:20, Ulsan-gu University, Ulsan-gu, a large number of unspecified pedestrians in front of the Dong-dong Residents' Self-Governing Center located in 147 - 38, 147, walked at a taxi operated by the home company B, and walked off with his and her clothes and her clothes.

Accordingly, the Defendant publicly committed an obscene act.

2. The Defendant patroled at the date, time, place, and place mentioned in the preceding paragraph, and asked the Defendant to wear clothes and pay taxi charges to the Defendant. After paying the taxi charges to the said B, the Defendant demanded that the Defendant pay the Defendant’s cell phone machine and earphone in the back seat of the said cab, which was located on the front seat of the said cab, carried the Defendant’s cell phone machine and earphone in his hand while making a hump to the said D’s cell phone, which was cited by the said cab’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the patrol duty of the above D, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning B and D;

1. Application of Acts and subordinate statutes to damaged police officers and field photographs;

1. Articles 136 (1) and 245 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant does not have any special criminal record, and the depth thereof is divided after the crime is committed, and the intent of the crime is transferred to damaged landscape, etc., and the sentencing conditions of the Defendant’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, circumstances after the crime is committed, etc. shall be determined by taking into account the following factors:

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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