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(영문) 서울서부지방법원 2015.10.07 2015고단1312
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 21:50 on April 30, 2015, the Defendant, upon receiving a report from 112 to the effect that “A person who fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright

Accordingly, the defendant assaulted police officers to interfere with the legitimate performance of official duties by police officers on 112 report processing.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The defendant's assertion of each statement of G, H, and I is argued to the effect that he was in a state of mental disorder by stating that he was in a state of mental disorder by being drunk at the time of the crime in this case. Thus, according to each of the above evidence, the defendant's assertion is not deemed to have been in a state of weak ability to discern things or make decisions, even though he was aware that he had drinking alcohol at the time of the crime in this case, and therefore, the defendant's assertion is rejected.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do

1. Reasons for the sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the obstruction of performance of official duties shall be deemed to lead to the crime of this case by contingency under the influence of alcohol, and there is no record of punishment more severe than the fine.

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