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(영문) 수원지방법원 2014.05.14 2014고단42
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2013, at around 23:25, the Defendant: (a) stated that D, a police official belonging to the C Apartment 1008 Police Station, who was a police official belonging to the C Apartment 1008, controlled F by drinking alcohol, and that D, who was a police official belonging to the C Apartment 108 Police Station, took the bath that D, “I frib, frib, frib,” and fried D, “I frib, frib, frib, frib,” and expressed to E, “I frib, frib, frib, frib, frib, frib, frib.”

In this way, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. The defense counsel at each police investigation report (Evidence Nos. 5 through 7 of the evidence list) asserts to the effect that the defendant was in a state of mental disorder by drinking at the time of the crime of this case. However, in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions by drinking only at the time of the crime of this case.

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties on Market);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant's mistake is recognized, the crime of this case does not lead to serious consequences such as the injury of police officers, etc. due to the crime of this case, and all the circumstances such as the criminal records of the defendant

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