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(영문) 서울남부지방법원 2015.10.08 2015고단624

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

On January 2, 2015, the Defendant was under the influence of alcohol and used on the street located in 18-5 location in Gangseo-gu Seoul Airport Dong, Gangseo-gu, Seoul. On January 19:25, 2015, the Defendant was on the patrol by the police officer affiliated with the Seoul Gangseo Police Station C District Police Station, the police officer affiliated with the Seoul Gangseo-gu Police Station C District, and the police officer was on the patrol and returned home to the police officer. On the same day, around 19:45, the Defendant was on the way of the front-down of the eubbow located in 3-9, Seocho-gu, Seoul, Seocho-gu, the first 16-ro 16-9, and without any reason, led to the police officer to take off the above E's timber that he was seated at the front of the patrol, and was slided several times, and the Defendant sustained the above D's timber in his hand.

Accordingly, the defendant interfered with legitimate performance of duties by police officers E and D concerning patrol duty.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant asserts that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. According to the evidence duly adopted and examined by this court, although the defendant was in a state of drinking at the time of committing the instant crime, he did not have the ability to discern things or make decisions, even though he did not have the ability to discern things at the time of committing the instant crime.

Since it is not deemed that it was or weak, the defendant's above assertion is rejected.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of a penalty;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The basic area of the obstruction of performance of official duties: six months to one year and four months [the person who has a special relation] [the decision of sentence] The defendant shall take into account the circumstances leading up to the occurrence of the crime of this case, the degree of damage, the defendant's age, character and conduct, the records of the crime, and the circumstances after the crime.