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(영문) 서울중앙지방법원 2013.11.29 2013고단5543

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:00 on August 26, 2013, the Defendant expressed a bath to the above F while drinking together with D restaurant located in Gwanak-gu in Seoul Special Metropolitan City, the victim E (63 years of age) and the victim’s friendship F with the victim’s friendship F, and assaulted the said victim with one disease and one remaining alcohol on the chest of the said victim.

2. The Defendant: (a) on August 26, 2013, at around 06:00, returned home from G when 112 was reported to F before the above D cafeteria, while serving as drinking, and called out to that place; (b) on August 26, 2013, the Defendant returned home.

In order to receive the audience, he/she called "Inman's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

Ultimately, the Defendant interfered with the legitimate performance of duties by police officers on the maintenance of public order by threatening and assaulting the above G.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Police suspect interrogation protocol of the accused;

1. The defense counsel's defense counsel's assertion of each police's statement of E and G regarding the crime of this case asserted that the crime of this case was under the influence of alcohol at the time of the crime of this case, and at least there was no or no weak ability to distinguish things or make decisions. However, according to the evidence above, although the defendant was found to have drinking at the time of the crime of this case, he did not have the ability to discern things or make decisions.

Since it seems that the defense counsel cannot be seen to be in a state or weak condition, the above assertion by the defense counsel is rejected.

In addition, Article 10(3) of the Criminal Act provides that "any act of a person who predicted the occurrence of danger and caused a person's mental disorder shall not be subject to the preceding two paragraphs." The prediction of "the occurrence of danger" in this context is intended to protect the individual elements of a crime caused by one's own act in a state of mental disorder.