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(영문) 수원지방법원 2015.09.03 2015고단2887
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 23:50 on May 29, 2015, the Defendant assaulted the police officer D belonging to the Suwon-si Police Station C District District of Suwon-si, which was called upon the report of domestic violence, and the Defendant’s attempt to arrest himself as a flagrant offender while participating in home issues, while taking a bath, the Defendant assaulted the Defendant, such as the wheel-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the police station C District of Suwon-gu, which was called upon upon the report of domestic violence, and the Defendant tried to arrest himself as a flagrant offender.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crimes. Article 136 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the degree of each recommended type of obstruction of performance of official duties according to the sentencing guidelines is minor, the range of final balancing due to the aggravation of multiple offenses, where the degree of violence, intimidation, and deceptive scheme is minor: one month to one year; and

2. In addition to the circumstances presented as a special mitigation of the sentence, the sentence shall be determined as ordered in consideration of the various circumstances which serve as the sentencing conditions, such as the fact that the defendant reflects the sentence, the fact that there is no penalty power other than one before and after the sentence, the defendant's health condition (treatment, such as alcohol addiction, etc.).

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