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(영문) 수원지방법원 2014.08.21 2014고단3185
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

On June 14, 2014, at around 23:15, the Defendant brought an dispute about D, etc., where he had a fluorous student who was playing his horse, leading to the Suwon-si Suwon-si B apartment's "C Apartment", which had been drinking at the same time.

피고인은 그곳에서 위 학생들의 신고를 받고 출동한 수원서부경찰서 E파출소 소속 경위 F, 경장 G 등이 싸움을 말리자 이에 화가 나, 경위 F의 멱살을 잡아 흔들고 바닥에 밀쳐 넘어뜨린 뒤 그의 얼굴을 발로 찼다.

The Defendant continued to catch the left arm's length G by force.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, G, and H

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the defendant, the fact that there is no record of punishment for violent crimes (limited to only one fine for violation of the Guarantee of Automobile Accident Compensation Act), and the sentencing guidelines do not apply as they are, because they constitute recommended commercial concurrent crimes with regard to the obstruction of performance of official duties.

[Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties)] The punishment shall be determined as ordered in consideration of all the sentencing conditions, including the defendant's age, character and conduct, environment, and circumstances of the crime in this case.

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