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(영문) 수원지방법원 평택지원 2015.05.08 2015고단442
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 January 5, 2015, at around 20:50, the Defendant, while walking along the paths such as D, in front of the C cafeteria located in Pyeongtaek-si B, was friendly with D, and became subject to assault from E who is doubtful of the relationship between the Defendant and D.

Accordingly, while the above E has been hited with the above E, he was at the time when he was her bucked with his her her son, and the slopeF dispatched after receiving a report at that time 112 was arrested as a flagrant offender of assault.

The Defendant resisted the above F with regard to the above arrest of D, and assaulted F with both hand to keep the F from being pushed ahead of the patrol vehicle, and prevented it from getting out of the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the crime of obstructing the performance of official duties under Article 62(1) harms the authority of the public authority and disturbs the establishment of legal order, and thus, it is necessary to strictly see it. However, the defendant recognized the facts charged in the instant case and reflects his mistake, the first offender is a minor, the degree of obstruction of the performance of official duties is somewhat minor, the defendant committed a contingency by drinking, and the defendant's age, character and behavior, family environment, etc., as well as the balance of recommendations on various circumstances and sentencing guidelines recorded in the records, such as the defendant's age, character and behavior, and family environment (6 to April).

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