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(영문) 서울중앙지방법원 2018.05.02 2018고단237
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 03:05 on December 19, 2017, the Defendant did not pay expenses incurred in drinking and eating at D drinking houses located in the third floor of the building in Gwanak-gu, Seoul Special Metropolitan City, but did not receive a report from the 112 police officer, who was called the above police officer, and was asked to pay charges from the police officer F (31 tax) belonging to the Gyeong-gu E District Police Station in Seoul, Gwanak-gu, Seoul, which was called upon by the police officer after receiving a report of 112. On the other hand, the Defendant used the police officer's breath, by putting down the police officer's breath, by putting down the breath of the police officer's breath, and used the police officer's breath as a breath, which was cut back

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of Acts and subordinate statutes to photographs;

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

1. As to the Defendant’s assertion of mental and physical weakness under Article 62(1) of the Act on the Suspension of Execution (Reasons for Sentencing below), the Defendant and the defense counsel had the mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

The defendant asserts that he had the weak ability to discern things or make decisions, even though he was aware that he had drinking at the time.

Since the above argument is not visible, it is rejected.

[Scope of Recommendation] The reason for sentencing is [Scope of Recommendation] No person who does not have a person subject to special sentencing] in the basic area (from June to January 6) (No person subject to special sentencing] [Determination of sentence] as follows, taking into account the following circumstances, such as the age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the sentence like the order is sentenced.

Unfavorable circumstances: The degree of the defendant's assaulted by police officers is not easy.

It was impossible to receive a letter from the injured party.

There is a previous conviction for probation, and two months prior to the instant crime.

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