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(영문) 창원지방법원 2016.11.24 2016고단3447

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 10, 2016, around 02:11, the Defendant assaulted the police officer’s legitimate execution of duties concerning the handling of reporting 112 reports by the police officer, who was dispatched to the scene after receiving a report from 112 that the Defendant was under the influence of alcohol, and recommended the Defendant to have the Defendant returned home, and the police officer D, who was called to the scene, called “C” located in the Jindo Police Station B, who was in the influence of alcohol, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of reporting 112 reports by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Each report on investigation;

1. Application of statutes on photographs of damage;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. As to the assertion of mental disorder under Article 62(1) of the Act on the Suspension of Execution, the Defendant alleged that he was in a state of mental disorder or mental disorder by stating that he was unable to memory under the influence of alcohol at the time of committing the instant crime. As such, according to the records, the Defendant is recognized as having drinking alcohol at the time of committing the instant crime, but he did not have the ability to discern things or make decisions at the time of committing the instant crime in light of the circumstances acknowledged by the aforementioned evidence and the Defendant’s behavior before

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

The reason for the sentencing [Scope of Recommendation] There is no person who has the basic area (6 to 14 months) of the obstruction of the performance of official duties (limited to the scope of punishment) (limited to the person who has been specially punished) (limited to the decision of sentence] (the decision of sentence) as the defendant assaulted the police officer who solicits him to invalid on the roads under the influence of alcohol and interfered with the performance of official duties, thereby obstructing the execution of official duties. However, in consideration of the fact that the defendant has no criminal history and the mistake is divided, the execution of the sentence shall be suspended.

(b)the age, character and conduct, home environment and crime of the defendant;