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(영문) 의정부지방법원 2017.02.15 2016고단4637
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 29, 2016, the Defendant was under the influence of alcohol in front of the Ki Government City B, on September 22 and 25, 2016, “A male is under the influence of alcohol” refers to “A male is under the influence of alcohol on the crosswalk,” and “A police officer of the Ki Government Police Station C, who was dispatched to the site upon receipt of a report by 112 and recommended him to return home from D, and “bhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnbbbbnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn at the same part of E in his

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including the part concerning E statements);

1. Each investigation report (Analysis of body photographs and video data of victims);

1. 112 Report-Related Department’s notification (the Defendant asserts to the effect that the Defendant was in a state of mental disorder by drinking at the time of committing the instant crime.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning a crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommended punishment] is one type of interference with the performance of official duties (the obstruction of the performance of official duties and the coercion of duties).

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