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(영문) 수원지방법원 안산지원 2016.11.11 2016고단3519

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 August 11, 2016, around 01:45, the Defendant: (a) avoided a disturbance that the Defendant was arrested and waiting in the act of assaulting D in the act of assaulting D at the police box of the National Police Station of the Ansan-si, Ansan-si; (b) took a bath for the police officer’s control; and (c) took a riot with the large interest of “sprinking sprinks” and avoided a riot.

The Defendant assaulted the victim’s left arms as soon as possible by having the Defendant, who was under the control of the police box E, to escape from the riot, by having the Defendant locked, and to pressure the police box.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The consideration of the following facts: (a) the basic area (six months to one year and four months) of the obstruction of performance of official duties is against the law, and there is no special person [decision of the sentence], and (b) the fact that there is no criminal record exceeding the fine: (c) the basic area (