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(영문) 수원지방법원 안산지원 2018.12.20 2018고단3612
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 20, 2018, the Defendant: (a) committed a assault against the Defendant’s arms and chests, in both hands, in order to prevent the Defendant from committing a traffic accident due to drinking alcohol by the Defendant’s seat, and thus to prevent the defect in arresting a flagrant offender under the suspicion of violating the Road Traffic Act (e.g., refusal of alcohol measurement) by the Defendant’s seat on September 20, 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the investigation report (a wooden statement);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution shall be determined by taking into account all the circumstances shown in the record, including the following circumstances, for the reasons for sentencing.

A favorable condition: A very poor condition that there is no record of confession or punishment in the Republic of Korea: An offense is committed to interfere with the arrest of a criminal even among the duties of a police officer.

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