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(영문) 수원지방법원 안산지원 2019.06.20 2019고단1598
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 13, 2019, around 00:45, at the vicinity of the C police station located in Ansan-si B, the Defendant: (a) was arrested on a charge of assault against D; (b) was arrested on a criminal charge of assault against D; and (c) was under the influence of alcohol while returning home with the personal identity guarantee of the parent; and (d) was subject to the control of C police station E and the police officer assigned to the C police station, who was working on his/her duty at the end of the said police station.

After the Defendant called the above E as “I would die?”, the Defendant assaulted the F’s shoulder at one time by generating the F’s left right hand, with a two-way hand, and continuing to wear the face of E one time by drinking, and cutting the e’s bridge, and then cutting the e’s neck into arms.

As a result, the defendant interfered with legitimate execution of duties concerning auxiliary police officers' guard and security assistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to the victim's upper part of the victim's body, C police station's ct photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. As for the crime committed in the course of release after arrest of a flagrant offender for reasons of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence shall be determined as ordered and the execution of the community service order shall be suspended on the premise of the faithful performance of the community service order, comprehensively taking into account the following factors: (a) the Defendant appears to have violent inclinations; (b) the same record exists; (c) the degree of damage to a medical police officer; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence

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