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(영문) 의정부지방법원 2018.08.22 2018고단2857
공무집행방해등
Text

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

Punishment of the crime

1. Around 00:49 on June 30, 2018, the Defendant: (a) was on the street in front of the C District located in Guri-si B; (b) was under influence of alcohol after having boarded D taxi; (c) reported that E, a police officer belonging to the said District police officer, was a taxi engineer, who was a taxi engineer; and (d) reported that the Defendant was able to cover the locked; and (c) the Defendant was able to cover the knife, the knife, the knife and the knife of the said circumstances E, and the knife of the knife.

As a result, the defendant caused damage to the reputation of the above E, which requires approximately two weeks of medical treatment, and at the same time interfere with the legitimate performance of official duties concerning the treatment of civil petition reports of E in the circumstances.

2. At around 00:57 on the same day, the Defendant: (a) was arrested and brought in at the above C District Office on the same day; (b) was frightened with sound; and (c) went back to the office, and frightened with drinking expenses; (d) was demanded by Gman, a police officer belonging to the above District Office, to sit on the spot; and (e) when he was frightened with drinking expenses.

Accordingly, the defendant interfered with legitimate execution of official duties concerning the maintenance of public order by Gman.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 50 (Inter-Korean Crimes of Interference with and Bodily Injury to E)

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. As to the Defendant’s assertion on the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., first offense, degree of injury, reflectivity), the Defendant alleged to the effect that he was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime. As such, according to the evidence adopted and examined by this court, the Defendant was in a state of drinking alcohol at the time.

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