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(영문) 수원지방법원 2016.04.22 2015고단5690

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 13, 2015, the Defendant: (a) 21:30 on October 13, 2015, and proceeded with a place on the front road B in Suwon-si, Suwon-si.

C interfered with the passage of a vehicle operated by C by blocking the car, and the victim D (Woo, 26 years old), who was on the car, was landed from the vehicle, was able to see the victim D's face, was able to wear the female's clothes in his hand, was fright to walk the female's head in hand, was frightd against D, followed by violence against the victim C (31 years old), followed by the victim's body with his liability, was frightened from his own body, and was fright to walk his body in a hand.

2. The Defendant interfered with the performance of official duties at around 21:40 on October 13, 2015, and at the place indicated in paragraph 1, around 112, the Defendant obstructed the Defendant’s lawful performance of duties concerning the arrest of the F in flagrant offender by committing assault and assault against D and C by the police box affiliated with the Suwon Police Station E box of the Suwon Police Station, which was called upon 112, and called out. The Defendant interfered with the Defendant’s legitimate performance of duties concerning the arrest of the F in flagrant offender, who was the police officer, while intending to arrest the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes stated in each police statement protocol against D, C, and F;

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Reasons for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act on the observation and attendance order;

1. Scope of the recommended sentencing guidelines;

(a) Interference with the Execution of Official Duties (Basic Crimes) / [Type] Interference with the Execution of Official Duties, Basic Field 1 (Interference with the Execution of Official Duties and Compelling on Duties) / Imprisonment with labor for 6 months to 1 year and 4 months;

(b)an assault;