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(영문) 수원지방법원 안양지원 2018.08.16 2018고단762
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On March 21, 2018, at around 22:52, the Defendant assaulted “C” main points located in Songpa-gu Seoul, Songpa-gu, Seoul, that “I am home from the police officer, the police officer, belonging to the Seoul Song-gu Police Station D police station, and urged “I am home, if I am the police, I am the face of the above E”, “I am the front of the face of the E, and walking on the B’s bridge continuously.”

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

Summary of Evidence

1. Each police statement made to E and F;

1. As to the F’s assertion of mental and physical weakness by defense counsel, the defense counsel asserted that the Defendant reached the instant case under the physical and mental weakness due to the stimulous disorder and stimulative disorder, and thus, considering the following factors: (a) the process and method of committing the instant crime; and (b) the Defendant’s act before and after the instant crime was committed; (c) the Defendant had weak ability to discern things or make decisions at the time

As such, the above assertion is rejected.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the same type of punishment is not attached and there is no record of punishment exceeding the fine, etc.);

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