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(영문) 수원지방법원 2016.09.08 2016고단4503

공무집행방해등

Text

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

Reasons

Punishment of the crime

On June 19, 2014, the Defendant was sentenced to eight months of imprisonment for special larceny at the Suwon District Court, and completed the execution of the sentence in a female prison on September 2, 2014.

On July 26, 2016, the Defendant: (a) at the warehouse of Suwon-si, Youngwon-si, 448, a 97-ro 448 NHF original Dong Branch; (b) verified that the slope C belonging to the Suwon-nam Police Station was a police officer; and (c) deducted C’s police identification card of the defect in order to arrest D who was assigned a warrant of arrest upon suspicion of the violation of the Road Traffic Act; and (d) allowed C to flee by hand with C’s two arms, after having sealed C’s shoulder several times.

As a result, the defendant interfered with legitimate execution of duties in relation to the arrest of a police officer, and at the same time, allowed a person who commits a crime subject to a fine or heavier punishment to escape.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A motion picture of a damaged police officer;

1. Investigation report (Assistant C and monetary content);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (fact that the person is a repeated crime), judgment, application of Acts and subordinate statutes to the current status of confinement of individuals;

1. Article 136 (1) of the Criminal Act and Article 151 (1) of the Criminal Act concerning the criminal facts concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant was punished for the same kind of crime, and even during the period of repeated crime, the defendant committed the crime of this case even during the period of repeated crime, even though the police officer presented his identification card to the defendant, and that the crime was very poor to have the defendant escape by taking the two arms of the police officer, etc., the defendant is sentenced to heavy punishment, and the defendant is divided into his mistake, and the defendant appears to have caused the crime of this case by drinking.