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(영문) 수원지방법원 안산지원 2019.01.18 2018고단3948
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 03:50 on November 11, 2018, the Defendant: (a) committed assault, such as “A” restaurant located in Ansan-si member B; (b) “C” restaurant; and (c) “A”, upon receiving a report from 112, the police officers affiliated with the Ansan-gu Police Station, who called to the site, demanded the above restaurant proprietor to stop the Defendant from paying a trial fee and return home on several occasions; (c) the Defendant expressed the desire to “Is up to go back to the restaurant proprietor,” and selling the victim’s fee.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, as stated in its holding, assaults a police officer on duty, thereby hindering the quality of the crime.

However, in full view of the facts charged by the defendant, the degree of violence, the fact that there is no record of punishment exceeding fines, the age, character and conduct, environment, the circumstances after the crime, etc., and the conditions of sentencing as shown in the trial process, the punishment shall be determined as per the order.

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