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(영문) 수원지방법원 평택지원 2016.04.29 2016고단354
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 March 9, 2016, the Defendant was under the control of drinking by police officers D, who are affiliated with the transportation management department of the Gyeonggi-Seng Police Station, driving a motor vehicle by an acting driver on the front side of the Cland, which is located in the Cland B in Ansan-si, at around 22:45.

The Defendant, on the ground that he did control over drinking by an acting engineer driving his own car, committed assault by the Defendant, such as making a car from the car, keeping the part of the above police officer 4 times in hand, cutting down the bat and bating the bat.

After arresting a flagrant offender on suspicion of interference with the above performance of official duties, the Defendant assaulted the police officer E, who belongs to the 12th company company of the Gyeonggi-do Police Agency 12th company of the Dong-dong Police Agency, on one occasion, to walk the left part of the police officer E.

On the same day, the Defendant continuously assaulted the police officers F, who belong to 12 companies, who escort the Defendant within the traffic patrol vehicle in front of the Changwon High School, which is located in the 23:05 Sinsung-si Eupn Do, on the right side side of the police officers F, who belong to 12 companies, at the front head.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on drinking control and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police report by the victims and witnesses;

1. A witness's statement;

1. The schedule of the traffic control and work place;

1. Application of Acts and subordinate statutes to damaged parts and photographs of the scene;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

1. Determination of types: Type 1 from among crimes that interfere with the performance of official duties;

1. Persons subject to special sentencing: None of them;

1. Scope of recommended punishment: Imprisonment with prison labor for six months to one year and four months;

1. A suspended sentence: positive - there is no history of criminal punishment, and social ties.

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