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(영문) 서울서부지방법원 2016.07.05 2016고단1037
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2016, at around 21:00, the Defendant 157-1 kt on the front side of the Seoul East East-dong branch office 157-1 kt-gu, Seoul East-dong 157-2, and was under control by signal violations from the border D belonging to the Mapo Police Station during the period when he was on board the front side of the said D and obstructed legitimate execution of duties concerning traffic control and the prevention of danger and injury to traffic of the said police officer once on the right side of the face of the said D requiring an agent to submit a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a penalty payment notification as an agent operated by the person under consideration;

1. Application of Acts and subordinate statutes to the investigation report (a wooden statement);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the favorable circumstances referred to in the "reason for sentencing") of the suspended sentence (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201) (see, 201; 201Da1448, Apr. 2, 201) (see, 201; 201Da1448, Apr. 2, 20

However, considering the favorable circumstances in which the defendant's mistake is divided, the sentence was determined as ordered in consideration of all the factors of sentencing, such as the age, sex, environment, and circumstances after the crime.

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