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(영문) 서울북부지방법원 2016.05.12 2016고단488

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 04:30 on February 5, 2016, was late holding the taxi expenses in the corridor No. 311, 902, Nowon-gu, Seoul Special Metropolitan City, for the reason that he was late holding the taxi expenses in the corridor No. 311, 902, and took a bath to his mother, while he was carrying out a fright, he was reported 112 to the police officer D belonging to the Nowon-gu Police Station C District of the Nowon-gu Police Station who was called out after receiving a report

b. Belivia

It has been a new type of land in the earth's territory.

C. In the bruth of the gue, the bruth of the instant D was assaulted by the brue and the brue of the brue and the brue of the said D.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

Although the Defendant was in a drunken state at the time of committing the instant crime, in light of various circumstances, such as the background and means of the instant crime, the details of the crime, and the Defendant’s behavior before and after the instant crime, the Defendant cannot be deemed to have had the ability or ability to make a decision under the influence of alcohol at the time of committing the instant crime, and thus, the foregoing assertion by the Defendant cannot be accepted.

The grounds for sentencing [the scope of recommended punishment] The sentence of sentencing shall be determined as the same as the sentence, comprehensively taking into account the following circumstances: the basic scope of sentencing (from June to January, 1) (the period between June and April), and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, etc.

- Unfavorable circumstances: the defendant.