logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.02 2015고단3180
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 6, 2015, around 00:41, the Defendant reported by the Defendant that the vehicles parked in India before the D cafeteria located in Songpa-gu Seoul Metropolitan Government, and sent to the said site by the police officers F and G belonging to the Seoul Song-gu Police Station E District, Seoul, to the police officers assigned to the said site. As such, the Defendant expressed to the said police officers “to cut off the vehicle at night and cut off the vehicle from the night.”

Therefore, even though the above F was called "to be towed by notifying the Songpa-gu Office," the Defendant continued to engage in "I will promptly cut off the bus," and pushed the chest of the above F by hand, and obstructed the police officer's legitimate performance of duties concerning public safety and order maintenance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Each police statement made to F and G;

1. Each written statement, photograph, recording file CD (the defendant and his defense counsel stated that the defendant and the police officers dispatched at the time demand to deduct illegal vehicles parked, but in the process, they did not take a desire for police officers or assault police officers.

However, in full view of the consistent statements made by victimized police officers and the statement made by other police officers dispatched with F police officers supported by F police officers, etc., it is sufficiently recognized that the Defendant gave a bath to police officers dispatched upon receiving 112 reports and used violence. Thus, the Defendant interfered with the lawful performance of duties by police officers concerning the maintenance of public peace and order.

I seem to appear.

We cannot accept the above argument.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for imposing sentence of selective sentence of imprisonment [the scope of recommended sentence], and the reason for obstructing the performance of official duties (the act of obstructing the performance of official duties).

arrow