(영문) 서울남부지방법원 2016.10.20 2016고단3681

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(영문) 서울남부지방법원 2016.10.20 2016고단3681

공무집행방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

While the Defendant lacks the ability to discern things or make decisions due to drinking and mental illness, around July 20, 2016, around 02:10 on July 20, 2016, the Defendant interfered with the legitimate execution of duties concerning the prevention of crime, maintenance of order, etc. of police officers by assaulting the Defendant, such as the Defendant, at around 02:10, when the Defendant was under the influence of alcohol, on the ground that the E (56 years of age) belonging to the D Zone Unit in Seoul Gangseo-gu Police Station was prone to the Defendant, on the ground that he was under the influence of alcohol and mental illness, he obstructed the passage of the patrol vehicle in front of the patrol vehicle in front of the E, while taking the bath and talking back, and interfered with the police officer’s legitimate performance of duties concerning the prevention of crime and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on internal investigation and accompanying photographs;

1. Application of Acts and subordinate statutes to report on investigation (act and behavior of a suspect at a police station);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act (a suspended punishment: a fine of KRW 3,00,000, a fine of KRW 100,000 per day) of the suspended sentence is that the defendant uses violence against a police officer performing official duties; however, there is no record of punishment against the defendant; the defendant committed each of the crimes of this case in a state of mental disorder due to mental illness and drinking; the police officer committed each of the crimes of this case in a state of mental disorder due to mental illness and drinking; the victim is not punished against the defendant; other favorable circumstances such as the defendant's age, character and behavior, and environment; and the conditions of sentencing under Article 51 of the Criminal Act, such as the sentence

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