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(영문) 서울남부지방법원 2015.05.13 2015고단629
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 February 24, 2015, around 15:30 on February 24, 2015, the Defendant was subject to control on the ground that the Defendant operated FF freight cars in violation of traffic signal to E officers of the Seoul Yangcheon Police Station, which controlled traffic violations on the frontway of the Driju Station located in Yangcheon-gu Seoul Metropolitan Government.

When the Defendant was issued a traffic control Stick from the above E, the Defendant expressed the Defendant’s desire to the above E, and threatened the Defendant “I am off the door to the door and the back to the water,” and “I am off the door to the back.”

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partial police officers of the accused;

1. A report on investigation;

1. Application of statutes on damage inflicted by police officers in control;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] In the case of minor degree of assault, intimidation, and deception (special mitigation) in the area of mitigation (one to eight months), the area of mitigation (special mitigation) (one to one month) of the obstruction of performance of official duties, the fact that the defendant seems to have interfered with official duties for a considerable period of time is unfavorable.

It appears that the defendant committed the crime of this case in a contingent manner while resisting the control of the defendant, and the defendant shows the motive and background of the crime of this case, the circumstances after the crime of this case, the age, character and conduct of the defendant, and the environment of the records and arguments of this case, shall be determined as ordered by taking full account of the various circumstances, which are the conditions for sentencing prescribed in Article 51 of the Criminal Act, as shown in the records and arguments of this case, including the crime of this case.

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