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(영문) 서울남부지방법원 2013.09.25 2013고단2668

공무집행방해

Text

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

Reasons

Punishment of the crime

At around 06:00 on August 11, 2013, the Defendant: (a) expressed a desire to a female fluencing together in a “D” restaurant located in Gangseo-gu Seoul Metropolitan Government; (b) received a report; and (c) requested the employee to return home from a slopeF belonging to the Seoul Gangseo Police Station E-gu, Seoul; and (d) received a report.

The Defendant assaulted F, “I can not want to drink in law,” and “I want to drink in law, I will not want to do so,” and assault F in both hands, such as fating the fat and fating the fat face.”

In addition, the police officer G, who was dispatched to the site, told him of this fact, arrested a flagrant offender after notifying the suspect's right, and arrested the suspect, and the defendant expressed that G was "I am frith, friend, friend, friend, friend, friend, friend, friend, friend."

As a result, the defendant interfered with police officers' legitimate execution of duties concerning the prevention of crimes, maintenance of order, and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the respective Acts and subordinate statutes of H and I

1. Article 136 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant's defense counsel in the judgment of mental disability selected as a sentence of imprisonment with prison labor asserts that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime of this case. Thus, according to the body of evidence, the defendant's defense counsel in the judgment of the court below, although he was found to have drinking at the time of the crime of this case, it cannot be seen that the defendant had weak ability to discern things or make decisions. Thus, the above argument

The reason for sentencing has five times the same power to the defendant, and the crime of this case is committed after being sentenced to a suspended sentence for the same kind of crime, and thus, it is inevitable to sentence the defendant to a suspended sentence.

(b).