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(영문) 서울중앙지방법원 2016.07.20 2016고단1519
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 15, 2016, around 05:30 on March 15, 2016, the Defendant interfered with the performance of official duties: (a) took a way to drink and drink in the street in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City; (b) related to the fact of assaulting D and E due to his own vision; (c) the reason why he was dispatched to the site upon receipt of a report of 112, G, the background leading up to the F District of the Gwanak-gu Police Station F District, the Defendant attempted to arrest the said D in accordance with the lawful procedure; and (d)

Before 200, the floor of the G was tightly tightly tightly tightly tightly tightly tightly, the entrance part of the G was tightly tightly tightly, and the body of G was tightly tightly knicked.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

2. The Defendant, at the time and place indicated in the preceding paragraph, assaulted G as above, and, after walking back the front door of the patrol vehicle (H, No. 31) he boarded, she laid off the front door so that the amount of the repair cost would be influent.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Damage photographs (the defendant is not memory under the influence of alcohol at the time of committing the instant crime;

I asserts to the effect that he was in a state of mental or physical loss or mental weakness.

In light of the records, although the defendant was aware that he had drinking alcohol at the time of the crime of this case, it cannot be seen that he had no or weak ability to discern things or make decisions due to the fact that he had drinking alcohol at the time of the crime of this case. Thus, the above assertion is rejected.

Application of Statutes

1. Relevant Article 136 of the Criminal Act, Articles 136(1) and 141(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The first crime of the sentencing criteria (the scope of the recommended punishment) shall interfere with the execution of official duties;

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