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(영문) 서울남부지방법원 2015.04.30 2015고단765
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 February 13, 2015, at around 01:20, the Defendant, at around 01:20 on February 13, 2015, received 112 from the employees of the above main station, who did not pay the drinking value after drinking alcohol, was urged to pay the drinking value from the slope D belonging to the Seoul Geumcheon Police Station C commander of Seoul, which was called upon 112, and did not comply with it. In other words, the Defendant, “I may be subject to criminal punishment if I do not pay the drinking value” from the above D, after hearing the horses that “I can be subject to criminal punishment if I do not pay the drinking value.” The Defendant, she pusheded the flab of the above D’s face to the entrance and pushed the flab with the flab attached to the working clothes of the above D and carried out with the above flab attached to the above flab.

As a result, the defendant interfered with legitimate duties of the police officer on the dispatch duty of 112 report.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A written statement;

1. The Defendant asserts to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. According to the evidence duly adopted and examined, even though the Defendant was in a certain state of drinking, the Defendant did not have the ability to discern things or make decisions.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of obstruction of performance of official duties: Six months to one year and four months (no person specially punished] [decision of sentence] The degree of damage caused by the crime of this case, circumstances in which the defendant's mistake is divided, and cases in which the defendant was committed as violence-related crimes prior to the instant case.

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