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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 17, 2016, at the front of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant received a report on 112 that “A drunk customer is unable to drive a bus because he/she was in the middle of a bus landing,” and received a notification from C and C and C of the Seoul Yeongdeungpo-gu Police Station patrol Team, who called for, the Defendant was subject to a disposition of notification as a suspicion of disturbance of drinking under the Punishment of Minor Offenses Act.
Accordingly, without a clear reason, the Defendant refers to “as soon as possible, to be sentenced,” and “as soon as possible”, and as a result, the Defendant desires to continue to receive a notice of the disposition after he/she received the notice.
On the other hand, the police officers assaulted the above police officers, such as walking the ice D's platform at one time.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made to D or C;
1. The Defendant’s assertion on the Defendant’s photograph of each damaged police officer is sob that the situation at the time of the instant case was not well memory.
It appears that there was a state of mental disorder.
According to the evidence duly adopted and examined by this court, the defendant at the time of this case can be seen as being in a state of drinking and drinking. Thus, with respect to the defendant who voluntarily drink and drinking at the time of this case, he does not constitute a case of reduction or exemption of punishment in accordance with Article 10(3) of the Criminal Act.
Therefore, the above argument by the defendant cannot be accepted.
Application of Statutes
1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommended punishment] interference with the performance of official duties.