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(영문) 의정부지방법원 2016.08.10 2016고단2134
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 3, 2016, around 02:40, the Defendant reported 112 while he resisted to an employee that, within the “D” Maran bar located in Speaker-si C, it was old in the day on which he filed a report.

Since then, while the Defendant explained the details of the report to the head F of the police station E district police station of the Gu government police station who was called upon the report, the Defendant took a bath to the head F of the police station who recommended him to do so by out of the main place, and assaulted the head of the police station F of the Gu in a way that he took the face of the f face of the f of the f of the f of the f of the f of the f of the f of the f of the f of the f of the f of the f of the f of the f of the f of the f.

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

Summary of Evidence

1. Statement made by the prosecutor on the F of the defendant's legal statement;

1. Each police statement made to F and G;

1. A written statement of H witness;

1. The Defendant asserts 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.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. The relevant statutory provisions and Article 136(1) of the Criminal Act on the facts of crime [the scope of recommendation] The grounds for sentencing [the scope of punishment] of Article 136(1) of the Criminal Act on the basis of the basic field (from June to one year and four months) (the person who is subject to special sentencing] [the person who is subject to special sentencing] (the decision of sentence] in order to establish a national legal order and eradicate the light of the public authority, it is necessary to strictly punish a crime against public authority, such as interference with the performance of official duties.

The defendant, under the influence of alcohol, assaults a police officer who was dispatched to his own report by 112, while taking a bath.

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