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(영문) 수원지방법원 2016.05.13 2015고단5412
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 October 11, 2015, the Defendant was forced to return home from a slope C and a policeman D, a police officer belonging to the police station B of the Suwon-gu Suwon Police Station B, which entered the 112 report while under the influence of alcohol, at the crosswalk 51 in the vicinity of the Dong-gu horse street located in the city of Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant was able to avoid disturbance by leading the Defendant to the center of the crosswalk.

The defendant found the defendant E who was in the duty of the horse patrol, and the person who will walk the road on the crosswalk via the crosswalk on the fluence, and the E, who is forced to move to the road on the road.

“Abrupted “E”, and assaulted E, such as being sealed with both fingers, being exposed to the face of E.

As a result, the defendant interfered with legitimate execution of duties concerning protective measures against the E-State, who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

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 guidelines / [type] the scope of the recommended punishment / [type] the obstruction of the performance of official duties, the scope of the mitigated area of types 1 (Obstruction of the Performance of Official Duties and the Compelling of Duties) (special mitigated) (the scope of the recommended punishment / January to August;

2. In light of the circumstances that the Defendant, who was sentenced to criminal punishment several times prior to the instant case, had a record of criminal punishment, the degree of assault against police officers is insignificant and the circumstances favorable to the confession of a crime are considered, and the punishment is to be determined as ordered in light of all the circumstances shown in the arguments of the instant case, such as the Defendant’s age, sexual conduct, motive for committing a crime, and circumstances after committing a crime.

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