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(영문) 서울서부지방법원 2016.02.03 2015고단2109

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 26, 2015, the Defendant: (a) committed assault, such as assaulting, i.e., a slope E belonging to the Seoul Yongsan Police Station 2 Team patrol patrol team, which served as a hand, leading the safety of the vehicles in Yongsan-gu, at the top of the police box located in Yongsan-gu, around 19:20 on July 26, 2015; and (b) obstructed legitimate performance of public duties for the control of slope E traffic and the prevention of danger and injury to traffic.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. On-site photographs;

1. Videos of CD (Evidence No. 10) [the defendant and his defense counsel] [the defendant and his defense counsel] did not have any fact that the defendant caused a creation due to a yellow disorder at the time of the instant case and did not have any other sexual organ E, and that he was in domestic affairs;

However, according to the evidence duly adopted and examined by this court, the defendant's act cannot be viewed as a legitimate defense against the illegal arrest of the police. The defendant's act cannot be viewed as a legitimate defense against the illegal arrest of the police.

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) is [the scope of recommendation] The basic area (from June to January 4) of Article 62(1) of the Suspension of Execution of the Criminal Act (the grounds for sentencing), which is the basis area (the scope of recommendation] no person subject to special sentencing [the decision of sentencing] [the decision of sentencing] has no record of criminal punishment exceeding a fine, there is no criminal record of criminal punishment for the defendant, there was no criminal record for the same kind of crime, approximately 20 days, and there was detention for about 20 days, and other various conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex, sex, environment, health conditions, motive, means and consequence of the crime, the motive and consequence