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(영문) 수원지방법원 안산지원 2014.09.04 2014고단1735
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:50 on July 14, 2014, the Defendant: (a) reported 112 to the Defendant’s wife D in front of the Ansan-si, an Ansan-si, a member of the Defendant’s wife, and sought to hear the circumstances of the loss of a wall, and (b) forced the Defendant to take away the female arms from the Defendant, and tried to keep the Defendant’s statement, “I want to take off and keep the her arms,” and “I want to take off the her arms by taking off the her arms from the Defendant, I want to take off the her arms, she will leave the her superior, she will not fright the horses, she will not fright the horses,” and “I would like to take a fright to take the fright in front of the Defendant’s flag,” and “I would like to take part in the obstruction of the performance of the performance of the performance of the duties of the duties of the police officer, including the flag’s assault and fel.”

Accordingly, the defendant interfered with the police officer's criminal investigation and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report of investigation and application of relevant Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act, etc. Act, despite the fact that the defendant was punished for the obstruction of performance of official duties on two occasions (one time a suspended sentence of execution, one time a fine), the case of this case that interferes with the performance of official duties by assaulting the police officer, not only the above punishment power, but also the defendant has the penalty power for the suspension of execution due to special intimidation, the defendant is seriously against the defendant's living under detention for more than one month, and there is a dialogue with the police officer.

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