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(영문) 수원지방법원 2015.09.14 2015고단3267
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2015, at around 04:20, the Defendant was arrested as a flagrant offender of a crime of assault by the police officer G belonging to the police officer of the Suwon-nam Police Station F patrol Station, who was called the “Cjun Station B” in Suwon-si, Suwon-si, Suwon-si. On July 1, 2015, the Defendant: (a) committed assault by the police officer of the above police box, who was called the “Cjun station” in front of the “Cjun station” in Suwon-si, Suwon-si; (b) on the one hand, the Defendant was arrested as a flagrant offender of the crime of assault by the police officer of the above police box; (c) on the one hand, the police officer tried to take the neck of the Defendant’s hand; and (d) Ha’s hand, who was escorted along the course of escorting the patrol.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H and G;

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

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act in the suspended sentence are as follows: (a) the Defendant used violence against two police officers; (b) the degree of violence is not weak; (c) the Defendant’s mistake is recognized; and (d) the primary offender is the first offender; and (e) the details of the offense and the family relationship of the Defendant, etc. as indicated in the records and arguments.

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