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(영문) 수원지방법원 성남지원 2019.08.06 2019고단1125

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

On April 30, 2019, at around 22:45, the Defendant arrested the victim C as a flagrant offender and moved the victim D (24 years of age) to a police station due to the suspicion of the violation of the Road Traffic Act (driving). On April 30, 2019, the Defendant: (a) avoided tobacco in front of the building of the traffic survey center located in the Sungnam-gu Police Station in Sungnam-gu, Sungnam-gu; (b) prevented the victim from smoking; (c) caused the victim by taking a bath, reducing the victim’s trees by selling; and (d) forcibly pushed the victim into front of the stairs of the above police station, and then, (c) caused the victim to suffer injuries, such as knee kne, which requires treatment for about two weeks.

As a result, the defendant interfered with the legitimate execution of duties of police officers regarding arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to each damaged photograph (referring to 8 pages and 13 pages of investigation records), a certificate of injury diagnosis, CCTV image-cape photograph (referring to 35 pages of investigation records);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of applicable sentences under the law for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of applicable sentences under the Act on the Grounds of Punishment of Sentence 1: the general injury [Article 1] general injury [Article ] general injury [Article 1] increased element: In the case of obstruction of performance of official duties [Article 1] increased area [Article 1 and the scope of recommended punishment] increased area, 6 months to 2 years [Article 6-6 months] of imprisonment [Article 62-2], the obstruction of performance of official duties [Article 1] obstruction of performance of official duties / [Article 1] obstruction of performance of official duties / [no special person] recommended area and recommendation range.