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(영문) 서울동부지방법원 2016.03.10 2015고단4082

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 24, 2015, the Defendant, as a C taxi engineer, was flying off the above taxi on the front side of the 75-lane in Songpa-gu Seoul, Songpa-ro, 19:40 on July 24, 2015, and obstructed traffic by stopping the said taxi on the front side of the bank.

The defendant, who found this, requested the movement of the police officer E and F, belonging to the Seoul Song Police Station D District, who stopped, but the defendant rejected it.

Accordingly, the defect that the above E intends to impose a penalty on the defendant, and the defendant must see whether the defendant's "Ne Ga Ga Ga Ga Ga Ga Ga Ga

“Fastly, she was sold to her hand.”

In addition, for the imposition of penalties, the Defendant 50,000 won of the market price of the above E as his hand left the PDA in his hand, and caused rainwater to fall into the floor, thereby impairing its utility.

Therefore, in order for the above E to arrest the defendant as the current offender, the defendant was in his hand sealed the chest of the above E, pushed the breath, pushed the breath, and assaulted the chest of the above F, thereby hindering the police officer's legitimate execution of duties concerning the prevention of crime, suppression and investigation of crime, public peace and order maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Investigation report (the end of the damaged PEA only for equipment); and

1. Application of field shot photographs, and Acts and subordinate statutes governing public property damage;

1. Relevant legal provisions of the Criminal Act and Articles 136(1) and 141(1) (a) of the Criminal Act (a point of obstructing the performance of official duties) concerning criminal facts; the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Scope of recommended sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for not less than six months nor more than two years and two months;

1. The basic area (from June to June) of the basic area (from January to June) of the article damaged for public use (the scope of the recommended punishment) (the invalidation of the article for public use) shall not be included in the crime of damaging the article for public use;

2. Interference with the performance of official duties (the scope of punishment for recommendation);