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(영문) 수원지방법원 2018.07.18 2018고단2664
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2018, at around 01:11, the Defendant was assaulted at the Busan Metropolitan Transport Daegu Dael parking lot, 112 reported that he was assaulted by E, the police officer belonging to the Busan Metropolitan Transportation Police Station D District Police Station, arrested the Defendant as the current offender of the crime of assault, and resisted the Defendant to the patrol vehicle in the course of carrying the patrol vehicle, and assaulted the victim’s left part on three occasions, and the left part of the Defendant walked twice.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the F Statements;

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

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

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. Determination of sentence: (a) The facts that the crime of this case was committed by a police officer who has lawful execution of duties are not good that the crime of this case was committed by violence; (b) there was a record of punishment several times due to violence; (c) the Defendant’s confession of the instant crime while committing the crime; and (d) the Defendant appears to have caused contingent crimes under the influence of alcohol.

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