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A defendant shall be punished by imprisonment with prison labor for four 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
Criminal facts
On May 8, 2016, at around 21:55, the Defendant: (a) heard questions about where the place of residence is located from B surrounding the patrol unit belonging to the above patrol unit, and assaulted the above B at one time on his/her hand with his/her face at the front of the patrol unit office located in Seoul, Dong-gu, Seoul, Seoul, about 27-gil-ro, Seoul, about 27-gil-ro, Dong-gu, Seoul, about May 8, 2016.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on civil petition affairs.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against B;
1. Determination as to the Defendant’s argument in C’s written statement does not associate with the situation while under the influence of alcohol at the time of the instant case.
claim that there was a mental disorder at that time.
According to evidence duly adopted and examined by this court, although the defendant was under the influence of alcohol at the time of committing the crime of this case, the defendant can be found to have committed the crime of this case because he was under the influence of alcohol and was under the influence of drinking. As such, as long as the defendant was under the influence of drinking due to drinking, such circumstance does not constitute a factor that can reduce the defendant's liability pursuant to Article 10 (3) of the Criminal Act, so the defendant's above assertion cannot be accepted as a mental and physical cause.
Application of Statutes
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] / [Article 1] The basic area of obstructing the performance of official duties: June to one year and four months [the person who is subject to special sentencing] / Determination of sentence] The details and extent of the exercise of the instant violent event, the degree of violence committed by the Defendant, and the Defendant’s mistake.