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(영문) 서울북부지방법원 2016.11.10 2016고단4268

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 13:40 on September 27, 2016, the Defendant heard the words “to open” from H and policeman I, the security guards belonging to the Seoul Nowon-gu Seoul Nowon-gu Police Station G District, who called “I will not open,” and without any special reason under the influence of alcohol, I sent a sexual flag to her, “I will see, “I will see, she, she will see, she she, she will she she, she, and she will she she her face, to her face, and she will her body.” The Defendant I sent a drinking to her face, to her body.

Accordingly, the defendant interfered with the legitimate performance of police officers' official duties, 112 reporting affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. A photograph of a CCTV closure;

1. Application of Acts and subordinate statutes to investigation reports;

1. In light of the pertinent legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of a sentence, the Defendant and his defense counsel’s assertion on the Defendant and his defense counsel’s assertion that the Defendant was in a state of mental disorder or mental and physical disability under the influence of alcohol at the time of each of the instant crimes, and thus, in light of the Defendant’s speech and behavior at the time of the instant crime, even if the Defendant was under the influence of alcohol at the time of the instant crime, the Defendant lost the ability to discern things or make decisions.

Since the defendant and the defense counsel did not seem to have been in a state or weak condition, the defendant's assertion is without merit.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (two months of imprisonment to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. The decision of sentence: The following circumstances; the defendant's age and family relationship;