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(영문) 수원지방법원 2019.11.28 2019고단5170
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

On September 8, 2019, the Defendant assaulted C on the front side of Suwon-si B in order to arrest the Defendant as a flagrant offender at KRW 06:40 on September 8, 2019. At around 07:30 on the same day, the Defendant assaulted F, in front of the E district unit located in Suwon-gu, Suwon-si, Suwon-si, a police station E district unit in the Suwon-si, to transport the Defendant to the criminal charge of the Suwon-si Police Station, the Defendant assaulted F, who was on the back of the patrol line, the Defendant was on the front side of the F, who was aboard.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and escort of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Determination of sentence, taking into account the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of a crime, and circumstances after a crime was committed, the sentence shall be determined as ordered, taking into account various sentencing conditions shown in the arguments in this case

- The degree of violence is not less light / the punishment of a fine for interference with business in 2017 - the reflect;

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