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(영문) 서울북부지방법원 2015.09.23 2015고단2563
공무집행방해등
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

around 21:50 on July 16, 2015, the Defendant drinking alcohol with a person who was unable to know his name at a D restaurant located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, together with a person who was in front of the said restaurant, and f of the police box belonging to the Seoul Eastern Police Station Estation, who was called up to handle the assault case that occurred at the said restaurant due to the influence of alcohol, was discovered, and the said person is likely to be a criminal marking, and the said person was able to sleep back, thereby hindering the above F from performing his duties. In so doing, the Defendant saw that the Defendant f used the f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s h.

around 18:20 on June 5, 2015, the Defendant expressed the victim H (59 years of age) who was in a conversation with the dynamic residents in the street in Dongdaemun-gu Seoul, Dongdaemun-gu without any justifiable reason, expressed that “the victim’s head shall be cut off and dubling,” and used the victim’s head as a drinking, and assaulted the victim by breathing the dubial brea of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements to F and H;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant and his defense counsel asserted that the defendant under Article 62 (1) of the suspended execution of the Criminal Code stated that they had no memory at the time of the crime of this case, and thus, they had been in the state of mental disorder or mental disorder. Thus, according to each of the above evidence, the defendant had drinking alcohol at the time of the crime of this case.

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