공무집행방해
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 29, 2014, at around 00:30 on June 29, 2014, the Defendant found the Defendant under the influence of alcohol at the Seoul Songpa-gu Seoul Police Station D Boxes, and assaulted the face part of the above E in drinking, on three occasions, on the ground that the police officer, who received a report when he was locked on the road, recommended him to invalid by shouldering himself, and on the grounds that he was on the side of the steering box, he saw the Defendant “I see several rings, I am. I am. I am. I am. I am.”
Accordingly, the defendant interfered with the legitimate execution of duties concerning the situation service of police officers.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police statement of E;
1. Application of statutes on photographs of damage;
1. Article 136 (1) of the Criminal Act applicable to the crime;
1. As to the defense counsel’s assertion under Article 62(1) of the Act on the Suspension of Execution, the defendant asserts that the defendant was in a state of mental disability under the influence of alcohol at the time
In light of the records of this case, even though the defendant was under the influence of alcohol, it does not seem that the defendant lacks the ability to discern things or make decisions at the time of committing the crime of this case in full view of all the circumstances such as the background, mode, and the defendant's act before and after the crime of this case.
Therefore, the defense counsel's above assertion is not accepted.
The reason for sentencing [Scope of Recommendation] There is no person who has the basic area (6 to 14 months) of the obstruction of performance of official duties (a person who has been specially punished) (a person who has been sentenced to punishment] (a decision of sentence] The crime of this case is a crime committed by the defendant who found the district under the influence of alcohol and assaulted police officers, and whose nature of the crime is not good in light of the method of assault, etc., and whose damage has not been restored to the victim is disadvantageous to the defendant.
However, the defendant commits the crime as a whole.