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(영문) 의정부지방법원 2019.02.08 2018고단5209
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

When considering the situation before and after the instant case under the influence of alcohol, the Defendant did not seem to have lost the ability to discern things or make decisions. On November 22, 2018, the Defendant: (a) around 18:55, at the time, sent to the police officer E (27 years of age) who was reported by the 1112 police officer of the Guri Police Station D Zone D District Police Station called to the Defendant on the ground that the police officer was under the influence of the Defendant, the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol to notify the police officer of the principle that the Defendant was under the influence of official duties to arrest the Defendant as a flagrant offender, and the Defendant was under the influence of assaulting the F (24 years of age)’s right-hand shoulder, and the Defendant was under the influence of the Fbuckbucks to the right-hand side of the Defendant due to the discharge of water.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is only a previous conviction of a fine for the past, a relatively old one, and a relatively old one);

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