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(영문) 수원지방법원 안산지원 2017.06.22 2017고단1430
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 26, 2017, at around 04:30 on April 26, 2017, the Defendant assaulted a police officer, who was under the influence of alcohol, by assaulting a person who passed the front of the police station B, and was dispatched after being arrested by a police officer D, etc. to a current offender, and obstructed the police officer’s legitimate performance of duties concerning the control of a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes, such as photographs of damage;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and six months) (the person subject to special sentencing) [Pronouncement Decision] in order to establish a national legal order and eradicate the light of public authority, the crime of obstructing the performance of official duties, such as this case, need to be strictly punished.

Provided, That in order to prevent recidivism, social service shall be ordered in consideration of the fact that the defendant appears to reflect on his/her gender, his/her age, etc.

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