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(영문) 수원지방법원 2016.10.14 2015고단4336 (1)
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

At around 03:00 on August 17, 2015, the Defendant, while drinking alcohol in front of the “D” convenience store in Suwon-gu, Suwon-si, the Defendant: (a) assaulted Eul, who is an employee of the above convenience store; (b) assaulted G of the police box belonging to the above convenience store; (c) attempted to arrest B; (d) attempted to arrest B by the police officer belonging to the above police box; (e) the Defendant saw H’s neck; and (e) the Party B took the face of H one time.

Accordingly, in collusion with B, the Defendant interfered with the handling of the reported case of H 112 and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol concerning B;

1. Each statement made by the police officer in relation to G and H;

1. Application of each of the Acts and subordinate statutes written in E and I;

1. Relevant Articles of the Criminal Act and Articles 136 (1) and 30 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The range of recommendations on the sentencing guidelines / [the range of recommendations] / [the scope of punishment for recommendations] / the obstruction of performance of official duties, the mitigation area of Type 1 (Obstruction of Performance of Official Duties/Compulsory Performance) (Special Mitigation) (the scope of recommendations] / one month to

2. There is no record of the crime to be considered in sentencing for the accused, and the confession of the crime is made, and the degree of assault against police officers is not serious, considering the circumstances indicated in the arguments of this case, such as the Defendant’s age, character and conduct, motive for the crime, and circumstances after the crime, the punishment as ordered shall be determined within the scope of the recommended sentence, in consideration of the overall circumstances indicated in the arguments of this case.

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