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(영문) 의정부지방법원 2016.07.27 2016고단991

공무집행방해

Text

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

On November 25, 2015, the Defendant: (a) received a report from the Speaker C in front of the Government of Gwanak-si on November 25, 2015, stating, “A vehicle that is under drinking, such as blocking drinking, drinking, drinking, etc.; and (b) was subject to the control as a light crime of disturbance of drinking from the superintendent of the police station belonging to the Speaker D, who called up, and then was under the control of D as a light crime of disturbance of drinking; and (c) was going to move to the patrol platform up to the taxi platform for the safe returning of the Defendant under the influence of alcohol.

The defendant suggested that he will take a patrol vehicle while proposing that he will take a patrol vehicle, and he gets "to write off a fluent tax base" with a sudden change.

"A fluently fluent with sound and assaulted the part of the victim's interests at one time."

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the duty to protect the lives and bodies of the people.

Summary of Evidence

1. Defendant’s legal statement

1. Each investigation report on D's statement E and F's statement;

1. The Defendant asserts to the effect that the Defendant was in a state of mental disorder by drinking at the time of committing the instant crime.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

1. The reason for sentencing of Article 62(1)(the following favorable circumstances) of the suspended sentence under Article 62(1)(the scope of recommendation) of the Criminal Act [the scope of punishment] where the degree of assault is insignificant (one month to eight months) in the mitigated area (i.e., interference with performance of official duties and coercion of duties) [a person with special mitigation] (a person with special mitigation], the defendant recognized his/her mistake and reflects his/her depth.

It seems that a contingency has been committed under the influence of alcohol.

The degree of assault seems to be relatively minor.

so far.