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(영문) 서울남부지방법원 2015.05.14 2015고단918
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 22:00 on January 24, 2015, the Defendant: (a) at the entrance of the Geumcheon-gu Seoul Metropolitan Government “C” 4th floor of the building in Geumcheon-gu, Seoul; (b) even though the Defendant was informed by the slope E, etc. belonging to the Seoul Geumcheon Police Station D District, which was dispatched to the site after having received 112 reports, by drinkinging the elevator door several times; and (c) the Defendant was asked by the employees F of the above Ba to state about the situation of damage to slope E, etc., he was able to see that the above Ba’s employee F was able to make a statement about the situation of damage to slope E, etc.; and (d) the Defendant was able to walk around the customers in the vicinity of the above F and the surrounding area, and tried to have a fire extinguishing machine cut to the right side of the police slope that he tried to see, “I am by the direction of the police slope; and (d) the Defendant did so.

Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime prevention.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The Defendant asserts to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. According to the evidence duly admitted and investigated, although the Defendant was in a certain state of drinking, the Defendant did not have the ability to discern things or make decisions due to the fact that he did not have the ability to discern things.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of obstruction of performance of official duties: Six months to one year and four months (no person specially punished] (decision of sentence] shall be the crime of this case.

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