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(영문) 울산지방법원 2016.08.24 2016고단1772
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. On May 17, 2016, the Defendant infringed upon a residence by opening a door to the “E” legal entity where the victim D is residing in Ulsan-gu, Ulsan-gu, Seoul-do, and opening a new door to the legal entity and entering the residence of the victim into the legal entity for new communications.

2. 공무집행 방해 피고인은 2016. 5. 17. 04:40 경 울산 중구 F에 있는 울산 중부 경찰서 G 지구대 앞에서 제 1 항과 같은 사유로 현행범인 체포되어 위 지구대 소속 경찰 관인 순경 H에게 “ 젊은 놈의 새끼야, 개자식 아 ”라고 욕설을 하면서 위 H의 몸통 부위를 밀치고, 발로 오른쪽 정강이 부위를 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of flagrant offenders and criminal investigation of the above H.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement statement with H and D (including the part of the net 5D statement);

1. Application of each statute on photographs;

1. Articles 136 (1) and 319 (1) of the Criminal Act applicable to 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 Suspension of Execution (Article 62(1) of the same Act (Article 62(1) of the same Act on the grounds that, although considering the repetition of the same kind of crime as indicated in the record and the risk of recidivism, there was no record of punishment heavier than that of the same crime until the date of the same crime, and there was a conclusion that it is more appropriate to provide the defendant with an opportunity to repent through suspended execution, observation of protection, etc. rather than punishment, considering the circumstance of the crime or the degree of infringement of each of the protection of each of the instant legal interests, etc.)

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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