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(영문) 서울북부지방법원 2018.05.18 2017고단4732
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 14, 2017, the Defendant: (a) around 21:30 on September 21, 2017, and around 101: (b) around 21:30, and around 101, the Defendant was sent to the police officer of the D police box called out after being informed of the disturbance, flaging and breaking the windows, and reported to cryming and cutting down the windows, and (c) was flaging the body of E, and was flaged.

피고인은 경찰관들이 체포하자 F의 손에 침을 뱉고, 112 순찰차에 태우려고 하자 반항하며 발로 E의 얼굴을 1회 차고 다리를 5회 차고 다리에 수갑을 채우려는 F의 손을 3회 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on crime prevention, suppression, investigation, etc.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

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

1. Each investigation report (Attachment of on-site photographs, on-site investigation);

1. A report on internal investigation (attaching photographs attached to the body of the victim);

1. Details of the results of the receipt of reported cases and the settlement of cases;

1. Windowss and vehicles photographs of the recipient's residence;

1. Application of CCTV Acts and subordinate statutes;

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

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

1. The defendant and his defense counsel asserts to the effect that the defendant was in a state of mental and physical weakness due to the influence of alcohol at the time of committing the crime of this case.

However, in full view of the circumstances leading up to the defendant's crime, the means and method of the crime, the behavior of the defendant before and after the crime, etc., the defendant is deemed to drink at the time of the crime.

Even if so, there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

Defendant

The above assertion by the defense counsel is rejected.

The reason for sentencing is that the nature of the crime is not easy in light of the background and means of the crime in this case.

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