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(영문) 의정부지방법원 2017.01.18 2016고단4465
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On the front of the Songpa-gu Seoul apartment C convenience store on December 24, 2016, the Defendant received a report on 112 that “I wish to grow by a abnormal person” on the road in front of the Songpa-gu Seoul apartment C convenience store, and received the report and sent to the Defendant, a police officer affiliated with the dispatching police station Dental E, a police officer affiliated with the dispatching police station, F, and G, who called out, “Wing away a large amount of her life or drinking.” However, the Defendant’s return to her home is the same as the Defendant’s return to her home.

No problem exists.

"라고 말하면서 귀가를 권유하였으나 경찰관들에게 욕설을 하면서 경사 E의 멱살과 외근 조끼를 잡고 수회 흔들고, 이를 뿌리치는 경사 E의 팔을 비틀어 잡아챘으며, 이를 제지하는 순경 F의 멱살과 외근 조끼를 손으로 잡고 수회 흔들고, 이를 뿌리치는 순경 F의 왼쪽 손가락을 비틀었으며, 다시 이를 말리는 순경 G의 멱살을 잡고 상체를 미는 등 폭행하였다.

Accordingly, the defendant interfered with police officers' legitimate performance of official duties for 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and F;

1. Each statement of H, I, and J;

1. Each victim E-damage photograph (the Defendant asserts to the effect that he was in a state of mental disorder due to drinking alcohol at the time of the instant crime.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. Article 136 (1) of the Criminal Act in relation to the facts of the relevant crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (Recommendation type)

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