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(영문) 창원지방법원 2017.10.18 2017고단2538
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On May 29, 2017, the Defendant was under the influence of alcohol in front of the Kimhae-si C management office, and expressed a bath to the manager at the same time, the circumstances leading up to the police station D, which called to the site after receiving a report of 112, identified the background of the disturbance to the Defendant, and met the act of disturbance, and the Defendant was under the control of the police station D, which called to the site, and the Defendant was under the control of the Kimhae-si, the Defendant himself. The Defendant found the victim’s flab “Ie, flad, and fladder.” The Defendant flabed the victim’s flab with the Defendant’s flab by taking the flab and flab, and then discarded the victim’s flab with the Defendant’s flab at once by drinking, and the Defendant’s flab with the Defendant’s flab.

Natdoging of death.

The death will be thrown away.

“...”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The Defendant alleged to the effect that he had a mental and physical weak condition under the influence of alcohol at the time of the instant crime. However, in light of the circumstances of the crime, its contents and method, Defendant’s behavior and circumstances before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) lies in the Defendant’s depth and reflects his mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstance leading to the instant crime.

On the other hand, the obstruction of the performance of official duties is a legitimate exercise of public authority.

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