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(영문) 서울북부지방법원 2013.05.10 2013고단701
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant, while under the influence of alcohol, was able to discern things or make decisions, and around March 23, 2013, at around 00:15, the Defendant was divingd in India before the Gangnam-gu Seoul Southern-dong Residents' Center, and was reported to 112 that he was used by a person in India, and broken down the Defendant’s c (32 years of age) belonging to the Seoul Gangseo-gu Police Station B Zone B of the Seoul Gangseo-gu Police Station, Seoul, which was called “C (32 years of age) so as to take relief measures, and the competent authorities here do so.” The Defendant saw the Defendant as “C, if you are flick, no longer need to do so.” The Defendant saw the Defendant as “C’s flick, flick, and so on, coming to walk the above C’s left mouth, and obstructed the Defendant’s legitimate execution of duties, by killing the flish, spawing the water and destroying the public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Election of Imprisonment;

1. Statutory mitigation under Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act (a mitigation of mental or physical disability due to obsession);

1. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserted that the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. Thus, according to the evidence as seen earlier, the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. However, it does not seem that the Defendant did not have the ability to discern things or make decisions. Accordingly, the above assertion is rejected.

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