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(영문) 서울북부지방법원 2017.10.13 2017고단3555
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 11, 2017, around 02:00, the Defendant asked the personal information of police officers D, etc. dispatched after receiving a report on the Defendant’s her her her her her her her her her her her her and her her her her her her her her her her her her her her

“Plapsing and plucking D’s hand by plucking and plucking D’s hand.

The purpose of this paper was to cut off the pentle.

the defendant continuing to do so. D. “Is the defendant in his hand”

‘D's chest was frightened and continued to be frightened by frightening D with her chest.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the prevention of danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The Defendant and his defense counsel’s assertion on the investigation report (verification of documentary evidence) alleged to the effect that the Defendant had a physical and mental weak condition under the influence of alcohol at the time of the instant crime. However, in light of the background and method of the crime, the Defendant’s act before and after, and after, the instant crime, the evidence duly adopted and investigated by the court, etc., the Defendant had weak ability to distinguish 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. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include: (a) the Defendant’s perception of his mistake in depth and reflects it; (b) the obstruction of the performance of official duties not only undermines the function of the state’s legal order by nullifying the legitimate exercise of public authority; (c) but also relevant to the safety and transition of the general public; (d) there is no record of prior punishment; and (e) there is no record of prior punishment; and (e) there are various kinds of sentencing shown in the records and arguments, such as the circumstances after the crime, the Defendant’s age, sexual behavior, intelligence, environment, etc.

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