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(영문) 수원지방법원 안양지원 2015.03.19 2015고단20
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 28, 2014, the Defendant reported 112 that the Defendant was under the influence of alcohol in front of the building in the Mayang-gu B building in Ansan-si around 20:35 on December 28, 2014, the Defendant recommended the Defendant to leave the hospital by the background D belonging to the 119 first-aid vehicle in the Hayang-gu Police Station C District of the Gyeonggi-do Police Station, and police officers called out after receiving a report that the Defendant was under the influence of drinking at the 119 first-aid vehicle in order to send the Defendant to the hospital, and recommended the Defendant to leave the hospital. The Defendant takes a bath, and her hand walked about 10 times the chest of the police officer’s chest, and walked about 3-4 times the left side of the her face on the drinking side.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers E in relation to the handling of 112 Reports, and at the same time, the defendant put the victim E (the age of 31) into the left-hand class in need of approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A written statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant stated in this court that the issue of Article 62-2 of the Criminal Act regarding the issue of the community service order and the order to attend lectures is “conscept in a state of detention and memory,” which is understood as the assertion to the effect that the Defendant was in a state of mental disorder or mental disorder at the time of committing the instant crime.

In light of the records, it is recognized that the defendant was in the state of drinking at the time of crime.

However, according to the evidence duly adopted and investigated by the court, the background leading up to the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime, and the victim police officer's body are far away.

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