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(영문) 대전지방법원 2019.10.23 2019고단2115
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 16, 2019, at the C convenience point located in Seo-gu, Daejeon, Daejeon, on May 16, 2019, the Defendant reported 112 to the effect that “The Defendant was assaulted at the drinking house and deducted a cell phone,” and demanded that “The above E, etc., sent the slope E, and the border F, who was posted to the Daejeon District of the Police Station D District of Daejeon, and demanded that “The cell phone and the inside of the G house are lost because of the loss of the cell phone and the inside of the G house,” but the above E would not be confirmed because the door of the e is closed.” On the other hand, the Defendant was on board the police patrol to return to the said zone, and the Defendant was unable to stop the front door of the car with the body of the police patrol, and was unable to perform the above patrol for the purpose of getting off the eat for the said eat during the patrol.”

Accordingly, the Defendant interfered with the legitimate performance of official duties, such as handling the 112 Reporting Cases and operating patrol cars.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation, report on internal investigation (booms and work logs), patrol booms, CDs, patrol booms, caps of patrol booms, caps of work logs at night in the D District, and a report on investigation (in the course of collection of cell phoness)

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. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental retardation under the influence of alcohol at the time of committing the crime of this case. Thus, even though the defendant was under the influence of alcohol at the time, in light of the method and content of the crime, etc., the defendant is defective at the time of committing the crime.

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