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(영문) 서울남부지방법원 2016.12.07 2016고단4459
공무집행방해
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A defendant shall be punished by imprisonment for four 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 May 30, 2016, at around 01:30, the Defendant assaulted the Defendant’s hand, on May 30, 2016, at around 16, the Defendant, who was at the site, from the street side, a water-frequency 4 apartment complex apartment complex located in Gangseo-gu Seoul Metropolitan Government, to cross the 8rd line road, and was at the site, to take the said C’s hand, who was issued a penalty payment notification from an slope C belonging to the Seoul Gangseo Police Station, to board the patrol vehicle in his/her hand, and used the said C’s hand on the inside of the open steering entrance of the said patrol vehicle, who was on his/her hand aboard and was on his/her hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order such as patrol duty of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the victim's statement to C;

1. A written notification;

1. Application of CCTV Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six months to one year and four months from the date of imprisonment with prison labor on the sentencing criteria (the basic area of the obstruction of performance of official duties)

2. The sentence shall be determined as per the disposition, considering the following: although the nature of the crime of this case by assaulting a police officer who regulates the unauthorized crossing of a police officer and obstructing the performance of official duties, the crime of this case is not easy; the degree of assault is a contingent crime; the defendant is not severe; the defendant's mistake is recognized; the defendant does not have the same criminal records; and the defendant does not have any criminal records other than the fine two times due to drunk driving, and there is no other criminal records other than the

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