beta
(영문) 서울남부지방법원 2015.11.18 2015고단3505

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2015, around 03:20 on August 18, 2015, the Defendant exceeded and accumulated Hah on the 43-lane 2 road of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul High Military Police Station D District Unit E of Yeongdeungpo-gu Police Station, and caused the Defendant to receive a police crime notification poster from E, thereby preventing chemical slope E from getting out of the patrol vehicle, and the Defendant took twice the arms of slope E in his hand.

The Defendant assaulted a slope E as above, and obstructed the police officer’s legitimate performance of his duties concerning the patrol of the police officer.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The summary of the argument: (a) the Defendant and the defense counsel continued to request personal information to the police officer dispatched by the Defendant on the day of the instant case; (b) the police officer made a request for disclosure of information, left the Defendant, and pushed the Defendant again demanded, and arrested the Defendant as a flagrant offender in the obstruction of performance of official duties, and there was no fact that the Defendant took the arms of the police officer, and (c) the Defendant did not carry out illegal official duties in spite of the Defendant’s demand for the disposition of notification to the Defendant, and (d) the police officer did not disclose his affiliation and name in spite of the Defendant’s demand for the disposition of notification to the Defendant; and (e) the Defendant only carried the police officer even after the police officer did so to oppose the Defendant, which constitutes self-defense against the unlawful official duties.

2. Determination

A. According to each of the evidence and the records of the USB, which was duly examined in this Court, the following circumstances are recognized.

(1) A slope E, who is a patrol officer belonging to the Yeongdeungpo Police Station D District on the day of the instant case, is a road market in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul.