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(영문) 서울동부지방법원 2016.04.06 2015고단2734

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2015, the Defendant, at around 01:45, sent to Gwangjin-gu Seoul Special Metropolitan City, after receiving a report from 112, who was used by the person, obstructed the police officer’s legitimate performance of duties concerning the maintenance of public safety and order of the police officer by driving the Defendant, who was walking at the center of the road while under the influence of alcohol by the police officer E belonging to Gwangjin-gu Police Station D Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City Police Station: (a) wanting the Defendant to walk at the center of the road while drinking; (b) cutting the Defendant’s title on one occasion by her hand; and (c) assault the chest of the said police officer on one hand, thereby obstructing the police officer’s lawful performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession and reflect on a crime, the absence of a previous conviction exceeding a fine, and the occurrence of any contingent crime under the influence of alcohol);