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(영문) 수원지방법원 2018.05.17 2018고단983
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

around 22:50 on December 13, 2017, the Defendant: (a) arrested a flagrant offender with the crime of assaulting or threatening the said security guards, etc. at the first floor parking lot underground of the C Building; (b) led to the arrest of the said building security guards, etc.; and (c) carried out to the E zone of the Sung-dong Police Station E in the G in terms of harmony; and (d) on December 13, 2017, the Defendant did not attempt to leave the said E zone continuously or sit on the suspect’s seat.

In order to prevent the above act of rioting, Defendant 1 was able to scam the head F of police officer F belonging to E District Guard, who tried to take the Defendant on his hand, and was able to scam the wall, and scam the wall to other police officers located within the district unit, and scam the wall, and scam the wall with hand that did not scam the wall, and scam the wall inside the district unit.

Accordingly, the defendant interfered with legitimate execution of duties related to criminal investigation by police officers.

Summary of Evidence

1. Each investigation report on the Defendant’s legal statement F, G’s written statement H, and G’s written statement (as a result of the on-site inspection and CCTV verification, if the CCTV verification interferes with the performance of official duties within the E District, the CCTV data in the E District, and the CD attachment) notification to the department related to the reporting of the case 112, the application of the Act and subordinate statutes on CDs to the crimes obstructing the performance of official duties;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered favorable to the defendant among the reasons for sentencing) / [the scope of the recommended sentence] the basic area (from June to January 1) (no person in charge of special sentencing) / the scope of the compared sentence with the recommended sentence: From June to January 6: [Pronouncement Decision] 6 months to June 1, 196 / even though the defendant was arrested as a flagrant offender due to normal assault and intimidation against the defendant, the punishment for the crime of using violence to the police officer in the earth is not somewhat minor under the influence of alcohol.

On November 19, 2010, the Defendant committed a crime of interference with the execution of official duties at the Suwon Friwon.

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