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(영문) 수원지방법원 2016.09.30 2016고단1972
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On March 22, 2016, the Defendant was arrested as a flagrant offender in fraud, etc., and was brought into custody to the police station D district of the Gandong-gu Police Station of the Gandong-gun, which is located in the wife population C at the permissible time. The defect that the circumstances of the said district group, E, etc., want to wear the b to stop B, such as walking away from the earth’s entrance, in order to prevent B from flying the frighting the frighting of the earth, and whether “the frights to the inner fright,”

Chewing noise, "Chewing ring", and intending to read E's chest as drinking by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and taking over of E flagrant offenders who are police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement in relation to E, F, and G;

1. Application of each of the Acts and subordinate statutes written by H and I;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment on the sentencing criteria / [type] the scope of the recommended punishment / [type] where the degree of violence is minor in the mitigation area [a person who has a special mitigation] of the mitigated area (a person who has a special mitigation of punishment / one month to eight months] of imprisonment;

2. In light of the circumstances favorable to the defendant, including the fact that the defendant was punished for the same crime, the defendant was not subject to a suspended sentence or heavier punishment, the confession of the crime, and the degree of assault against the police officer, etc., and other circumstances shown in the arguments of this case, such as the defendant's age, sexual conduct, motive for the crime, and circumstances after the crime, the punishment shall be determined within the scope of the recommended sentence, as shown in the Disposition.

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