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(영문) 수원지방법원 2014.11.05 2014고단4420
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 06:00 on July 9, 2014, the Defendant assaulted C residing together with the Defendant, who was under influence of alcohol at the Defendant’s residence located in Young-gu B apartment 1, 1207, Young-gu, Suwon-si, Suwon-si. On the same day, upon receiving the above C’s report at around 07:00, the Defendant was dispatched to the site by a slope E belonging to the Suwon-nam Police Station D District, Suwon-gu, Suwon

Even after the police officer arrived at the scene, the Defendant committed violence with C, and when the above E was removed, the Defendant took bucks and shoulders of the above E in his hand, and opened the bucks and dog by putting the bucks and shoulders in hand, and assaulted the above E’s right-hand bucks one time by walking off.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Notification to a department related to reporting 112 cases;

1. Investigation report (field status, etc.) - Application of Acts and subordinate statutes, such as photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. In order to establish the legal order of the country of reasons for sentencing under Article 62(1) of the Criminal Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.

However, the punishment shall be determined as per the order in consideration of the fact that the defendant is against the law, and that there is no record of punishment for violent crimes in the past.

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