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(영문) 의정부지방법원 2017.02.02 2017고단169
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 04:00 on December 4, 2016, the Defendant: (a) heard the horses that “the family address is known from a substitute driver D” on the street in front of C Apartment 101 in Yangju-si, and took a bath under the influence of alcohol, and (b) displayed the same attitude that “I will be inside the match if I will do so; and (c) was driving under the influence of alcohol.”

Since then, the Defendant received 112 reports and received questions from F of the police box affiliated with the police box of the Yangju Police Station E that was dispatched to the scene, and thereby interfered with his legitimate execution of his duties by booming the fransh and salkeing the fransh of the above F in his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. A report on investigation;

1. A copy of the work log;

1. The defense counsel's assertion as to the defense counsel's assertion that the defendant was in a state of mental and physical weakness by drinking alcohol at the time of the crime of this case. Thus, according to each of the above evidences, although the fact that the defendant had drinking alcohol to a certain extent at the time of the crime of this case is acknowledged, it cannot be seen that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion by the defense counsel is rejected.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing favorable to the reasons for sentencing] [the scope of recommendations] There is no person who has a basic area (from June to January 4) (the special sentencing person] [the decision] [the crime related to the obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public power, and thus, the crime related to the obstruction of the performance of official duties should be severely punished for establishing a national legal order and eradicating the light of public power. However, the defendant led to the confession of the instant crime.

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