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(영문) 서울북부지방법원 2013.10.25 2013고단2016
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

On July 30, 2013, when the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, the Defendant was recommended on several occasions to return home from E, a slope belonging to the Seoul Gangnam Police Station D District Unit, which was dispatched after being drunk in front of the Cju store located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and reported 112.

The Defendant, who received the above E’s demand for returning home from the above E, committed assault, such as taking the said E’s breast at one time, and walking the right side of the buckbucks.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to investigation reports (a relative investigation for employees of the C branch office);

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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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