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(영문) 부산지방법원 동부지원 2021.02.05 2020고단2293
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in a state of lacking the ability or decision-making ability to discern things due to mental or physical disorder, as a person under hospitalized treatment after receiving a diagnosis of alcohol ozone, and Maula.

On July 24, 2020, the Defendant: (a) received a report from the Defendant’s office located in the Busan Shipping Daegu B building C around 00:20 on July 24, 2020 that knife knife knife knife; and (b) received questioning from E of the police officer assigned to the Busan Shipping Station D police box, and asked him of the particulars of the report.

(B) the Corporation;

In doing so, this outline, “I Dol, I Dol L.,” was assaulted by grative paintings and sand in front of the entrance while putting them together.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a request for emergency hospitalization, medical certificate (A), copy of medical treatment, and medical opinion to notify the department related to reporting 112 of the police statement report to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The contents or the nature of the instant crime are not good for the reason of sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and Article 62-2 of the Act on the Medical Care and Custody, Etc., which prevents the Defendant from performing his duties by exercising the bath and violence against a police officer on duty.

However, the defendant reflects his mistake and receives hospital treatment in the future for symptoms such as symptoms of alcohol, depression, etc., and there is no record of criminal punishment exceeding the fine. In addition, various conditions of sentencing, which are shown in the records and arguments, such as the motive, means and result of each of the crimes of this case, circumstances after the crime, age of the defendant, sexual behavior and environment, etc.

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