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(영문) 수원지방법원 평택지원 2015.07.23 2014고단1054 (1)
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 15, 2014, at around 03:00, the Defendant: (a) arrested a flagrant offender from G (26 years of age) who is a police officer belonging to Pyeongtaek-si Police Station, and attempted to open the back of the patrol vehicle by inserting the hand into the front of the patrol vehicle; (b) sealed the chest part of G where he restrains it by hand; (c) wheel the chest part of G where he restrains it by attaching G arms; and (d) assaulted by G, such as a police officer belonging to Pyeongtaek (26 years of age).

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers on crime prevention and suppression.

Summary of Evidence

1. The police statement concerning G;

1. Application of the respective Acts and subordinate statutes of H and I

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

1. Determination on the application of the sentencing guidelines for sentencing of Article 62 (1) of the Criminal Act: The scope of the recommended sentencing guidelines for the application of Article 62 (1) of the Act: consideration of all circumstances, including the fact that there exists no criminal records exceeding the basic area of the obstruction of performance of official duties (in June to April), the basic area of the obstruction of performance of official duties (in the event

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