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(영문) 서울서부지방법원 2014.10.08 2014고단1819
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 01:50 on June 15, 2014, the Defendant was raising a disturbance at the “F” restaurant located in Mapo-gu Seoul, Mapo-gu, Seoul, by H, a police officer belonging to the Seoul Mapo Police Station G District Unit, called Seoul Mapo-gu, who received 112 reports, was accompanied to the G District of the Seoul Mapo Police Station located in Mapo-gu, Seoul.

In addition, when the Defendant demanded the above H to return home while taking a measure to save him, the Defendant expressed that “it was paid a fine of KRW 2.95 million within the Republic of Korea due to .. Mesa. . Mesa. . Mesa. . Mesa. . . when there was only a total of mesa. . .)” and used assaulting the Defendant’s back at the time of drinking twice, thereby obstructing the police officer’s legitimate execution of duties concerning the maintenance of order and public security.

Summary of Evidence

1. Legal statement of the witness H;

1. Application of CCTV video recording CD-related Acts and subordinate statutes;

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

1. Reasons for the sentencing of the alternative sentence of imprisonment [Scope of Recommendation] The basic area (6 to one year and four months) of the obstruction of performance of official duties (no special person) and defense counsel's defense counsel's assertion that there is no special person, and the judgment of this case was caused to the crime of this case in the process of passive defense against the defendant while the police officer, such as H, forced him to leave home without a clear reason, and forced him to go home, while he forced him to go home on the road where the defendant is running on the road. Thus, according to the above macroscopic evidence, the defendant's act of this case was not illegal. Thus, according to the above macroscopic evidence, H at the time of the crime of this case, at the scene of the crime of this case, was sent to the defendant, etc. by voluntarily accompanying him to the G area, and let him go home after investigating about the charge of obstruction of official duty, but the defendant may cross the road of this case, such as H, etc. with his desire to go home without a clear reason.

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