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(영문) 수원지방법원 2014.05.28 2014고단2240
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 April 10, 2014, at around 23:00, the Defendant reported 112 on the street in front of the 125-dong building D, Young-gu, Gyeonggi-gu, Gyeonggi-do, which was a taxi engineer and Si guard. Upon receiving the above report, the Defendant confirmed the Defendant’s contents of the report. The Defendant committed assault, such as: (a) the sloping F of the E box affiliated with the on-site sending box and the sculbing G, who was under the control of the Defendant; (b) the Defendant took a bath to the above G on two occasions; (c) the chest of the said G on two occasions with the hand floor; and (d) the chest of the said G

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement related to G and H;

1. A H statement;

1. Application of the Acts and subordinate statutes on the violence of police officers;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations according to the sentencing guidelines: Not more than eight months of imprisonment (the category of crimes of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, and mitigation area (where the degree of violence is insignificant);

2. The defendant shall be sentenced to the same punishment as the order, taking into consideration the following circumstances: the defendant is a contingent crime in the course of making a decision on the sentence; the details of the crime in this case; the circumstances after the crime in this case; the age, character and conduct, environment and other circumstances shown in the arguments in this case

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