(영문) 인천지방법원 2014.07.09 2014고단3378

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줄 간격

자간(%)

(영문) 인천지방법원 2014.07.09 2014고단3378

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

On May 5, 2014, from around 23:00 to around 00:10 of the following day, the Defendant voluntarily frighted in the D police box located in Gyeyang-gu Incheon, and she was able to get home from the slope E belonging to the above police station, and she took a bath to the above E in the large sense that “ how he knows he knows, what he knows he knows, what he goes to go to the house, what he goes to the house, what he goes to the house, what he goes to go to the house, what he gets off, what he drinkss, what he drinkss, and what he saw,” and the Defendant took a bath to the above E in the middle of the police box, such as frighting down his sat on the floor, and sat down his sat, which goes to the face of the above E, and went out of his head and sat down his hair.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order of police boxes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Application of photographic data, investigation report (case of confirmation of CCTV images) and CCTV video CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The defendant's defense counsel's defense counsel's assertion of the suspended execution Article 62 (1) of the Criminal Act asserts that the defendant was in a state of mental disorder by drinking alcohol at the time of the crime of this case. Thus, according to the records, it is acknowledged that the defendant was under drinking a considerable amount of alcohol at the time of the crime of this case. Meanwhile, in light of the circumstances such as the circumstances leading to the crime of this case recognized by the records, the defendant's behavior before and after the crime of this case, it is not deemed that the defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, and it is not deemed that

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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