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(영문) 서울서부지방법원 2016.08.17 2016고단1404
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On April 11, 2016, the Defendant: (a) around 21:45, at the front of a main station located in Mapo-gu Seoul, Mapo-gu, and Masan-ro; (b) reported 112 that the theft incident occurred; and (c) reported that police officers, such as Mapo-gu, Seoul, Police Station C police stations, sent out after receiving a 112 report, listen to the reporter’s statement; and (d) had a mind that police officers are able to walk for a vision and show their reaction.

The Defendant was engaged in an act, such as cutting down the police officer’s statement hearing process, and brushing the driver’s seat of the patrol vehicle seeking to start with the police station, etc., and prevented the foregoing D from doing so. B, “C gue,” and is a police officer.

“In doing so, assaulted at one time the following water of drinking D while taking a bath.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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 and defense counsel’s assertion under Article 62(1) of the Criminal Act on the suspended sentence (a favorable circumstance for sentencing as follows) and Article 62(1) of the Criminal Act, the Defendant and defense counsel had a mental and physical weak condition under the influence of alcohol

Therefore, according to the records of this case, the defendant's drinking is recognized as a drinking fact at the time, but in light of the circumstances and contents of the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., it cannot be seen that the defendant lacks the ability to discern things or make decisions due to drinking. Thus, the above assertion by the defendant and the defense counsel cannot be accepted.

The reason for sentencing [the scope of recommendation] The reason for sentencing is that there is no person in charge of the basic area (6 months to 1 year and 4 months) (the decision of sentencing] [the decision of sentencing] the defendant recognizes the crime of this case, and in Korea, the basic area (the obstruction of the performance of official duties and the coercion of duties).

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