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(영문) 서울서부지방법원 2015.07.15 2015고단1210

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On March 16, 2015, at around 22:30, the Defendant: (a) arrested F, who is a slope victim E, etc. belonging to the Seoul Yongsan-gu Seoul Metropolitan Police Station D District District Unit, as a flagrant offender in the case of assault; (b) arrested F, who was escorted to the Seoul Yongsan-gu Police Station; (c) obstructed knee in front of the patrol car; and (d) fele in part of the patrol vehicle; and (d) took off on the following floor, the Defendant interfered with the legitimate performance of public duties in relation to the police officer’s escort flagrante.

Summary of Evidence

1. Statement of the police statement of E;

1. Each statement of G and H;

1. The police officer argued that the police officer only stated that he was "the person who was the patrol car" during the time when he was parked in the last place of the patrol car (the 51 booms) and the photograph taken by the suspect [the defendant was the street of the patrol car, the fact that he was faced with knee, the fact that he was not allowed to do so," and the fact that the police officer only argued that he was "the person who was the patrol car" during the time when he was knee of the defendant. However, according to the evidence duly adopted and investigated by the court, it is recognized that the defendant interfered with the legitimate performance of police officer's official duties as stated in the facts constituting the crime].

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] / [the scope of the obstruction of performance of official duties] There is no basic area (6 to 1 year and 4 months) (the decision of a sentence] [the decision of a sentence] that interferes with the legitimate performance of duties by police officers. However, there is no past record of criminal punishment exceeding the fine, and the reason why it resulted in the instant crime and others.