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(영문) 수원지방법원 2016.06.16 2016고단2427
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 10, 2016, the Defendant: (a) around 20:10, when she walked with D on the front road of Suwon-si, Suwon-si, D on May 10, 2016; (b) when she was patroled with D, the Defendant attempted to move to the police officer, who belongs to the police station E in the Suwon Police Station E in the Suwon-si, where she was patroled, and tried to move to the police officer (25 years old), and (c) when she explained the purpose of inspection of affiliated and non-examination, and (d) she requested D to display his/her foreigner registration certificate while she explained the purpose of inspection.

Accordingly, the above police officers attempted to arrest D in the act of committing an act of violation of the Immigration Control Act, and the Defendant committed an assault, such as having F go beyond the body, leaving the F in his body, leaving him in his body, and going beyond the body after G, thereby hindering the police officers from performing their legitimate duties in relation to the arrest of a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. Application of the sentencing guidelines [Determination of types] There is no person who interferes with the performance of official duties, interference with the performance of official duties, one type (Interference with the performance of official duties and coercion of duties) (special sentencing person] (the territory of recommendation and sentencing of recommendations], the basic area of the sentencing, June -1 year and April;

2. Determination of sentence: The act of assaulting police officers who arrest the current offender for six months in imprisonment or one year in stay of execution shall not interfere with official duties to be strictly executed and shall not be charged with such duties.

On the other hand, there is a reflection that the defendant acknowledges the fact of crime and misleads the defendant.

In addition, it is also recognized that the history of one criminal punishment is not confirmed.

In addition, the above circumstances and the defendant's age, sex, environment, family relationship, motive and consequence of the crime.

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