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(영문) 서울동부지방법원 2015.02.05 2014고단3921

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

At around 21:40 on December 6, 2014, the Defendant assaulted, without any reason, the Defendant, who was under the influence of alcohol, on the front side of the exit of 224 (Self-Haakdong) 6-gu, Gwangjin-gu, Seoul Special Metropolitan City, on his hand, on the hand floor of the above D, with his hand-on son, who was under the influence of influence of the Defendant to transfer the Defendant to the Defendant’s her early stage of the exit of 6-gu.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (related to telephone communications withE);

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

1. The defense counsel's assertion of the defense counsel under Article 62 (1) of the Act on the Suspension of Execution is asserted to the purport that the defendant was in a state of mental disorder or mental disorder due to being drunk at the time of the crime of this case. However, according to the evidence above, although the defendant was under the influence of alcohol at the time of the crime of this case, it cannot be viewed that the defendant did not have the ability to discern things or make decisions, and therefore,

Reasons for sentencing

1. Basic sphere of the types of obstruction of performance of official duties (in the case of coercion of performance of official duties) (6 months to 1 year and 4 months); and

2. Six months of imprisonment with prison labor and one year of suspended sentence;