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(영문) 수원지방법원 2014.08.27 2014고단3385
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

On May 28, 2014, around 01:35, the Defendant got a police officer C belonging to the Suwon-gu Police Station B district unit of the Suwon-gu Police Station to control drinking-driving on the road in front of the Suwon-gu. On May 28, 2014, when the Defendant got a police officer of the Suwon-gu Police Station B district of the Suwon-gu Police Station to control drinking-driving, the face part of the Defendant’s left arms was 2 times, and the police officer D, who belongs to the said district unit, tried to arrest himself as a flagrant offender of the obstruction of performance of official duties.

In this way, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Damage photographs;

1. Application of CD-related Acts and subordinate statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Punishment of crime] Basic Field of the obstruction of performance of official duties (the scope of territory and recommendation) - Imprisonment with prison labor for 6 months or 1 year and 4 months [Pronouncement Decision] - Social Service 80 hours in the suspension of six months or 2 years or more of the suspension of six months / When the defendant was found to have been sentenced two times due to drunk driving, while driving under the influence of a fine, the defendant committed assaulting police officers and committed assault, and the degree of assault was considerably significant. Meanwhile, the defendant recognized all his mistake, and the defendant did not have any criminal records exceeding the same criminal records and fine.

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