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(영문) 수원지방법원 안산지원 2020.02.26 2019고단4275

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 9, 2019, at around 01:08, the first criminal defendant: (a) received a report from the head of the defendant's office located in Ansan-si, Ansan-si (hereinafter omitted); and (b) notified that C of the police box affiliated with the Ansan-si Police Station B, who called out, prevented the defendant from committing a criminal act; and arrested the defendant as a flagrant offender in the crime of assault, the defendant assaulted C, such as that, as soon as soon as possible, the son’s sloping kick with the above C, which was broken off once.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, investigation, etc. of police officers.

2. At around 01:13 on the same day, the Defendant 2 committed the instant crime, including that, at the Ansan Police Station B box located in Ansan-si, Ansan-si, and that, the Defendant 2 took a bath by stating that he was aware of the complaints brought to the Defendant for the same crime as described in paragraph (1) and that, “as the slope E belonging to the above police box would not be the other party if he wraped on the day to sing off,” and that the Defendant 2 assaulted the said E, such as the vehicle from walking in one time, etc.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, investigation, etc. of police officers.

Summary of Evidence

1. Statement of the defendant's legal statement 1, E, and C by the police;

1. Soverfics of the police officer, his/her photographic photo, and his/her ficule photograph to a slope E;

1. Application of statutes to CCTV video data (B police boxes) at the site of the case;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) there is no record of criminal punishment other than the past offense of violence in 1997; and (b) the Defendant’s act of not re-offending after receiving drugs and outpatient treatment for mental illness after committing the crime; and (c) the degree of assault and interference with official duties; and