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(영문) 수원지방법원 2018.06.01 2018고단1028
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On January 2, 2018, the Defendant: (a) arrested the Defendant as a current offender of the crime of property damage at the police station located in the Dong-dong Police Station located in the Dong-dong Police Station located in the Dong-dong Police Station located in Chungcheongnam-si on January 2, 2018; and (b) was prepared to transport the Defendant to a police officer of the Dong-dong Police Station located in the Dong-dong Police Station located in the Dong-dong Police Station located in the Dong-dong Police Station located in the Dong-dong Police Station in the Republic of

Defendant 1 demanded tobacco from the above police officer but was rejected, and the police officer "I am out, I am out, I am out, I am out, I am out, I am the chest of the police officer, and I am his hand over the face of the police officer again.

Accordingly, the defendant assaulted the above police officer who was performing duties related to the escorting flagrant offender and interfered with his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (act v video attachment within the Cdistrict);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. The sentence imposed by the defendant is not to be minor in that he/she takes a bath or assault against a police officer in a state that he/she is arrested as a current criminal of destroying property;

On the other hand, the defendant has been punished more than a fine on crimes related to violence, such as violation of the Punishment of Violences, etc. Act, and there seems to be weak awareness of compliance.

In light of these circumstances, it is determined that a strict punishment is necessary for the defendant, and thus, the sentence of punishment is to be imposed.

However, the degree of assault committed against the police officer is not much serious, and the defendant's age, sex, environment, background and result of the crime of this case, circumstances after the crime, and degree of the exercise of force, etc. are shown in this case.

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