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(영문) 서울중앙지방법원 2014.08.26 2014고단4010

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, 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

On May 5, 2014, at around 01:50, the Defendant received separate notification from D from D's office located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City D's office, and caused D's failure to take care of D's bath and not going at D's office, and the police officer called up on D's 112 report.

The Defendant, at the same time and place, recommended the Defendant to return home to the Republic of Korea by the Assistant F belonging to the Seoul Western Police Station E District E District E District, stated that “I am this Chewing feas,” and received the F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’

Accordingly, the defendant interfered with the legitimate execution of duties by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Application of statutes on photographs of damage;

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

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

1. The Defendant asserts to the effect that he was in a state of heart loss or mental disability by stating that he had no memory under the influence of alcohol at the time of the instant crime.

According to the records, although the defendant was found to have drinking at the time of the crime, he was unable to make a decision on the ability or intention to discern things due to the fact.

It does not seem to be in a state or weak.

The defendant and defense counsel's assertion are not accepted.

The reason for sentencing [Scope of Recommendation] Where the scope of mitigation area (one month or eight months of imprisonment with prison labor) (special mitigation) (person with prison labor or eight months of imprisonment), the degree of assault, intimidation, and deceptive scheme is minor, [decision of sentence] The defendant has already been sentenced to criminal convictions related to violence, and the crime of this case has been committed by using violence against police officers. In light of the fact that the crime of this case is committed by using violence against police officers, the nature of the crime

Provided, That the same criminal records or fines shall be imposed on the accused.