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(영문) 수원지방법원 2014.10.15 2014고단4409
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:55 on August 3, 2014, the Defendant expressed a bath to the public parking lot of the second public parking lot located in Ansan-si, Ansan-si, Masan-si, the Defendant: (a) Da, a police officer of the Police Station of the Ansan-si, who was reported on a traffic accident, and was called “Choty fribing to drive a fluort,” and “Chobly fluor,” and (b) Docing D’s flab and flabing D’s flab, flading D’s flab, flading D’s face; (c) flading the shoulder part of the left part of the flab, which was put in his hand, and tried to receive the flab face part of E’s flab.

In this way, the defendant interfered with the legitimate execution of duties of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Each statement of F, G and H;

1. Each photograph;

1. The Defendant alleged to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of committing the instant crime.

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Type of Crime] The basic area of the obstruction of performance of official duties (the scope of the field and recommendation) - six months of imprisonment or one year and four months of imprisonment [general person] mitigation element - None of criminal punishment [decision of sentence] 2 years of suspension of the execution of six months and 80 hours of community service by the defendant himself/herself.

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