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(영문) 전주지방법원 2016.06.08 2016고단298

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

Around 02:40 on March 13, 2016, the Defendant: (a) “Adembbbbing a female,” on the road B in Seojin-gu, Seojin-gu; (b) was sent to the scene after receiving a report by 112, the Defendant asked the victim’s personal information and address for the Defendant’s returning home; and (c) was sent to the reporter, “I am fright at night, I am. I am. I am. I am. I do am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am on three occasions, with the victim’s left left side buck, and am. I am am. I am. I am am on the part of the victim’s ambuck, and am ambling the victim’s ambling part, and ambling the victim’s left side am.

As a result, the Defendant interfered with the victim's patrol and the handling of the 112 reported case, who is a police official, with legitimate execution of duties, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A photograph, etc. of the upper part, a statement of opinion, and a medical certificate;

1. Application of Acts and subordinate statutes of each internal investigation report;

1. The point of obstructing the performance of official duties in the relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act, and punishment provided for in heavier injury crimes, and selection of imprisonment with prison labor;

1. According to each of the above evidence regarding the Defendant’s assertion under Article 62(1) of the suspended sentence under the Criminal Act, the Defendant is deemed to have committed the instant crime while drinking, but it cannot be deemed that the Defendant did not have the ability to discern things or make decisions at the time, and thus, the Defendant’s mental and physical loss or mental weakness cannot be accepted.