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(영문) 서울북부지방법원 2015.04.09 2014고단3726
공무집행방해
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

Around October 25, 2014, the Defendant was under the influence of distinguishing things or making decisions due to stimulative disorder, alcohol dependence symptoms, etc., and around October 25, 2014, at around 10:47, the Defendant D (54 years old) and E (26 years old) affiliated with the Seoul Nowon-gu Police Station C Zone C District, which was called upon 112 report and called the Defendant, was the Defendant, and went to the front of the F apartment that is located near the Defendant’s house, the Defendant was under the desire of “F apartment that is adjacent to the Defendant’s house,” and the Defendant was under the desire of “D and E-bed off the ground floor,” and obstructed the police officers’ legitimate execution of their duties related to the prevention of and investigation into the crime, by assaulting, such as selling D with drinking, etc. at the entrance of the apartment complex via relay Dong-dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders (a medical certificate, a confirmation of the fact of hospitalization, a certificate of the disabled person, etc.) of the Criminal Act (a) recognizes that the defendant shows violent inclinations because his/her ability to determine was deteriorated due to diversive disorder, etc.

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be imposed the same sentence as the disposition

Unfavorable circumstances: The circumstances favorable to the defendant's use of violence, such as walking the victims, who are police officers in uniform: there is no particular criminal record; the defendant committed the crime of this case in a state of mental disorder; and the degree of damage to the victims is not significant.

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