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(영문) 서울동부지방법원 2016.08.18 2016고단1406
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 22, 2016, at around 13:55, the Defendant discovered that the police officer C belonging to the Seoul Gwangjin-gu Police Station Traffic Safety Department is driving Oral Seabs and driving it over the center line of the crosswalk, and controlled it on the street in front of the parking lot in the Seoul Gwangjin-gu, Seoul Special Metropolitan City-ro 216, and that the Defendant is driving it over the center line of the crosswalk.

일주일에 한 번 씩 딱지를 끊으면 나는 뭘 먹고 사냐.

The head of the police officer "," and the police officer's flab, thereby hindering the police officer's legitimate execution of duties concerning the prevention and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on the surface where a person under way takes breath of a traffic police force;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, one year and one year; and

2. The Defendant, who was sentenced to sentence, was able to wear a uniform, resist the police officer’s duty to regulate his official duty, and took a long time and obstructed the performance of official duties.

In the course of investigation and trial, there is a question as to whether it is seriously against one's own crime.

The damaged police officer is trying to punish the accused.

This is disadvantageous to the defendant.

On the other hand, the defendant's act of obstructing the performance of official duties is a shaking of dubage of police officers once, and the degree of such act is not more severe.

On the second trial date, all crimes were recognized.

There is no criminal history of the same crime or suspended execution or above.

This is the circumstances favorable to the defendant.

The above circumstances and conditions are as follows.

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