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(영문) 의정부지방법원 2016.05.25 2016고단562

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2016, at around 03:40 on February 11, 2016, the Defendant: (a) was under the influence of alcohol on the street in front of “C cafeteria” located in Dongducheon-si B; (b) was under the influence of alcohol and was reported to the effect that a man under the influence of alcohol was diving on the road; and (c) was in the slope E (45 years old) belonging to the D District that he was dispatched to the police station, and was sent back to the back seat of the patrol; and (d) was found to have the Defendant returned to the back seat of the patrol.

The inside of the Republic of Korea is 12 criminal records, and the head of Si/Gun/Gu by sunrise once the head of Si/Gun/Gu.

“A person in need of a mustache, etc., committed violence upon his/her head, etc., thereby obstructing the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. Defendant’s legal statement

1. Each police statement protocol against E and F, and notification to the 112 Reporting Department (the Defendant asserts to the effect that the Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a mental and physical state.

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 defendant's attitude at the time of the crime, and the circumstances before and after the crime of this case, it is not recognized that the defendant's drinking did not change things or did not have the ability to make a decision, or

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of punishment recommended] where the degree of assault is insignificant (one month to eight months) in the mitigation area (a person with a special mitigation] (a sentence decision] [a person with a national legal order] in order to establish national legal order and eradicate the light of public authority, it is necessary to strictly punish a crime against public authority, such as interference with the performance of official duties.

The defendant committed violence while taking a bath to a police officer who gets home under the influence of alcohol.