(영문) 인천지방법원 부천지원 2016.07.20 2016고단1243

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(영문) 인천지방법원 부천지원 2016.07.20 2016고단1243

공무집행방해

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in a state of weak mind and body, such as requiring mental medication, with alcohol dependence.

On April 18, 2016, at around 22:55, the Defendant: (a) received a report from D Mart in front of the Ocheon-gu, Ocheon-si C, and solicited the E District F to return home on several occasions from the E District F, who was called up after having received the report from the head of E District F, with the content that “the head of E District f, f, f, f, f, f, f, f, f, f., f., f., f., f., f., f., f., f., f., f., f., f., f.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes in which statements are entered in the police statement protocol (No. 7 No. 5 of the evidence list) against F;

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

1. Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness [the records of this case show that the Defendant was in a state of requiring pharmacologic treatment due to alcohol dependence, and was hospitalized at a hospital on the day of this case, and was in fact hospitalized at the hospital for three months and received treatment. Thus, the Defendant is deemed to have committed the instant crime in a state of lacking the ability to discern things or make decisions];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances under Article 51 of the Criminal Act, such as the assault in this case and the degree of interference with official duties due to the assault in this case and the status of the defendant (the state requiring mental treatment) for the reason of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and Article 59 of the Act on the Observation, etc. of Protection, etc.,

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