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(영문) 광주지방법원 장흥지원 2016.02.25 2015고단211
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to stimulative disorder, etc.:

1. On October 17, 2015, the Defendant, at around 16:48, 2015, was under the influence of alcohol to the “D cafeteria”, and was refused to demand that the name-free customer who was drinking for boomed was “breath”, and thus, the Defendant was able to avoid disturbance, such as at the time of the breath of the said customer’s breath, etc., and the Defendant was unable to evade the disturbance between 30 minutes of the victim, such as the victim’s breath and f2 years of age, on the ground that he did not give alcohol to E (the f2 years of age).

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant obstructed the performance of official duties at the time, place, and reported under the preceding paragraph, and assaulted by G, etc. from the police official G, etc. belonging to the police team belonging to the F District of the Seoul Police Station, the police officer of the F District of the Police Station, etc., such as: (a) the Defendant: (b) dumping any disturbance; and (c) dump the knat

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of photographs on the part of the damage), investigation report (Attachment of photographs on DNA cafeterias and CCTV image data in F District);

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of obstructing duties and the choice of imprisonment with prison labor) concerning criminal facts;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (Article 10(2) and Article 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act provides that the Defendant was hospitalized before committing the instant crime on one month or more due to a polar disorder, etc., and is currently hospitalized due to a bipolartic disorder, etc., and G, a party to the crime of obstructing the performance of official duties, also refers to the Defendant by the police.

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