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(영문) 수원지방법원 안산지원 2015.09.17 2014고단2605
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 July 3, 2014, at around 13:08, the Defendant was demanded to return home from the police officer F and G, who was called out after receiving a report, while leaving a cover that was lost in the "D car page" located in Ansan-gu, Ansan-si C.

Therefore, the Defendant was aboard a patrol vehicle for returning home and unloaded from the street in front of the H building in Ansan-si, Simsan-si on the same day, and demanded a patroler to take the knife F’s hand, and took a bath to G to restrain him, and used the right drinking part of G once to restrain him.

Accordingly, the defendant interfered with the legitimate execution of duties concerning police officers' investigation and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to G and I by the police officer

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

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

1. Article 62-2 of the Social Service Order Act provides that the term of imprisonment shall be set within the scope of the recommended sentence and the execution of imprisonment shall be postponed, considering the following: (a) the mitigation area (one to eight months) of the reduction area (the execution of official duties and the execution of duties) of the Act on the Performance of Duties; (b) the Defendant does not appear on the date of sentencing; (c) the Defendant does not appear on the date of sentencing; (d) the Defendant’s exercise of force against police officers in the performance of official duties; and (e) the Defendant’s criminal power, etc.; and (e) the Defendant appears not to have violent inclination; and (e) the Defendant appears to have committed the instant crime.

It is so decided as per Disposition for the above reasons.

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