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(영문) 수원지방법원 2015.09.14 2015고단3314
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 June 23, 2015, at around 00:30, the Defendant: (a) committed a assault by the police officer called “A” to arrest the Defendant as a flagrant offender at the time of the Defendant’s own house, namely, “A” to the effect that “A police officer called out after having received the Defendant’s report on the Defendant’s assault, and who attempted to arrest the Defendant as a flagrant offender; (b) C’s face part is 1 time at the floor of the Defendant’s hand; and (c) the Defendant’s hand, who attempted to take the Defendant’s hand knife.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of statutes on field photographs;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the area to be mitigated (one to eight months) [Special Mitigation] [Determination of Sentence] of the Suspension of Performance of Official Duties, the defendant's use of violence against police officers dispatched by the defendant upon receiving a report of domestic violence, the defendant has several records of punishment for violent crimes, the degree of violence committed by the defendant is not much serious, the defendant's mistake is recognized, and all other conditions of sentencing as shown in the records and arguments are considered.

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