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(영문) 수원지방법원 안양지원 2018.01.25 2017고단1743

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 August 9, 2017, the Defendant was asked to pay taxi fares from E in the military police station D commander of the military police station called up after receiving a 112 report attached to Si expenses in front of the military police station around 20:55 on August 2017, the Defendant continued to refuse 10 minutes after being notified of the request for adjudication, which is, a violation of the Punishment of Minor Offenses Act, and attempted to leave the patrol vehicle or the scene after being notified of the request for adjudication, and the Defendant would not leave the police officer.

N. L. L. L. L.C.

V. L. L. D. L. L. D. D. D. D. D. H.

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Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to the field.

Summary of Evidence

1. Statement by the defendant in court;

1. The defense counsel’s assertion regarding the defense counsel in the police statement protocol against E argues that the defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime. In full view of the circumstances acknowledged by the evidence of this case, the defendant’s act before and after committing the instant crime, etc., the defendant had weak ability to discern things or make decisions at the time of the instant crime.

As such, the above assertion is rejected.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflective points, the same kind of power is nonexistent, and there is no record of punishment exceeding a fine);