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(영문) 서울남부지방법원 2016.10.06 2016고단3881

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

Reasons

Criminal facts

On August 16, 2016, at around 00:30 on August 16, 2016, the Defendant: (a) received 112 reports on the wind of the fifth floor of the building in Gangseo-gu Seoul Metropolitan Government, and was asked the police officers from the police guards belonging to the D District Unit of the Gangseo-gu Police Station D District of the Gangseo-gu Police Station to identify the circumstances of the case; (b) took a bath to the above police officers E, “I am the head head head of this chrop, I am the head of Nerop, I am the head of Nerop, I am the head of Nerop; and (c) was notified that I would be subject to punishment for insult if I am shot from the above E, immediately assaulted two parts of the above police officers on the right side of the police.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. Statement to E by the police;

1. The Defendant asserts to the effect that the Defendant was in a state of mental disorder at the time of the instant case under the influence of alcohol at the time of the instant case. The Defendant asserts to the effect that he was in a state of mental disorder at the time of the instant case.

According to the evidence duly adopted and examined by this court, although the defendant was under the influence of alcohol at the time of this case, it can be seen that the defendant himself was under the influence of alcohol, which is due to the fact that the defendant himself was under the influence of alcohol. As such, as long as the defendant was in a large amount of drinking and was in the state of mental and physical disorder, such circumstance does not constitute a ground for exempting the defendant from liability pursuant to Article 10(3) of the Criminal Act, and such argument by the defendant

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The basic area of the obstruction of performance of official duties [the first category]: the sentence shall be sentenced that there is no special person for six months to one year and four months (the special person).