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(영문) 서울중앙지방법원 2015.03.26 2014고단9410

공무집행방해

Text

A defendant shall be punished by imprisonment 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

Punishment of the crime

On October 23, 2014, at around 00:44, the Defendant, upon receiving a report from the second floor of the building in Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (a) expressed that, on the ground that the police officer, a police officer belonging to the Seoul Gwanak Police Station E-gu Seoul, who called the Seoul Gwanak Police Station E-gu, recommended him to invalid home; (b) expressed that, “I am Mara, Mara, Mara, Mana, Mana, Mana, Mana, Mana, Mana, Mana, Ma F’s head, etc., the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of reporting duties by assaulting the police officer on the 112th floor of the building.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement concerning F;

1. Application of the F's photographic Acts and subordinate statutes;

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

1. The defendant's defense counsel's defense counsel's defense of Article 62 (1) of the Act on the Suspension of Execution (the fact that there was no previous conviction other than a fine imposed twice, and that the defendant appears to be a contingent crime under the influence of alcohol, etc.). The defendant's defense counsel's defense counsel's defense at the time of the crime of this case asserted that the defendant was in a state of mental disorder or mental disorder. However, according to the records and witness F's legal statement, although the defendant was under the influence of alcohol, it does not seem that the defendant was in a state of mental disorder or mental disorder, or lacks the ability to