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(영문) 수원지방법원 안산지원 2015.08.12 2015고단1730
공무집행방해
Text

Defendants shall be punished by imprisonment for four months.

However, with respect to Defendant A, it shall be for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On March 21, 2015, at around 10:13, Defendant A: (a) committed assault on the road in front of the E box located in the Ansan-si, Ansan-si, on the road; (b) in a case where, inasmuch as Defendant A prevented a person who was arrested as a flagrant offender by an assistant F of the Ansan-gu, Police Station E box affiliated with the Ansan-gu, to take over the G, who is the seat of the Defendant arrested as a police station, to the police station, to take over the said F’s chest to the police station, the said F’s chest was sealed

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes.

2. Defendant B: (a) at the above date, at the same time, and at the same place, the aforementioned F attempted to arrest a flagrant offender committing a crime of obstruction of performance of official duties; (b) was prevented from arresting the flagrant offender A from the police box affiliated with the police box of the Ansan-gu Police Station Escop, and (c) was flick and pushedly

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

Summary of Evidence

1. Each part of the defendants' statement (the defendants and their defense counsel asserted that the defendants were in a state of mental disorder under the influence of alcohol, but the records show that the defendants were in a state of mental disorder under the influence of alcohol, but this does not seem to have been in a state of lacking the ability to discern things or make decisions. Thus, both the defendants and their defense counsel are without merit).

1. Each police statement made to H and F;

1. Each report on investigation;

1. Application of video CD-related Acts and subordinate statutes

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

2. Scope of the sentencing guidelines recommended: The range of imprisonment with labor for each month or August shall be limited to cases where the degree of violence, intimidation, and deceptive scheme is minor.

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