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(영문) 의정부지방법원 2016.07.06 2016고단1460
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

피고인은 2016. 4. 10. 00:00 경 의정부시 C에 있는 'D' 에서 도우미를 제공한다는 112 신고 접수 받고 출동한 의정부 경찰서 E 지구대 소속 경찰관 F이 현장 확인하던 중, 2번 방에서 술을 마시고 있던 피고인에게 신분 확인을 요구하자, 피고 인은 위 경찰관에게 “야 이 씨 발 새끼, 니가 뭔 데 지랄이야, 내가 왜 신분증을 제시해 난 이름이 없다 알아서 해 라, 씨 발 짭새 새끼가 할 일이 없나

Bonese,

In drinking, we see that we can buck to drinking, we see that we can drink, and see the breast part of the police officer's breast part by head, and try to buck the body of the police officer by breaking and shaking it.

Accordingly, the Defendant interfered with the police officer’s legitimate performance of duties concerning 112 reporting processing duties by assault as above.

Summary of Evidence

1. Defendant’s second-time protocol of the suspect interrogation protocol against F of the second police interrogation protocol (the Defendant asserts to the effect that the Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a mental and physical state.

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. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

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

1. The reason 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 (the scope of recommendation) is that there is no basic area (from June to January, 1) (the person subject to special sentencing) (the judgment of sentence) (the establishment of national legal order and the eradication of light of public authority).

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